[JordanLUFC]

Originally Posted by Triple-s

Office Space?

Excuse me, I believe you have my stapler?

[Hamm]

Originally Posted by MrPissant

No you can't, because as an employer I simply say I never termed you. When I get that little letter from EDD, I'll smply state you were not terminated.

But I have an At Will Contract my employees sign.

So that avoids alot of the B.S. employees try to screw the system over with.

Ok, but if an employee can claim unemployment when his or her hours have been reduced to a level below full time, and her hours have been reduced to 0, does that not validate an unemployment claim?

I think you are wrong. How can you employ someone who you never allow to work for you?

[unfallen'star]

yeah she can get it for not being fired like that.

[AZGnP]

Originally Posted by Hamm

Ok, but if an employee can claim unemployment when his or her hours have been reduced to a level below full time, and her hours have been reduced to 0, does that not validate an unemployment claim?

I think you are wrong. How can you employ someone who you never allow to work for you?

Talk to the unemployment office. You employer is obviously doing this to avoid paying you unemployment and is trying to buck the system. It's probably illegal.

[NeuroNerd]

she should certainly apply for them. if they get turned down, there should be an appeals process that she can go thru and get a hearing. it will take some months, but she might get bennies. certainly worth a shot.

[electricsheep81]

Originally Posted by Hamm

Ok, but if an employee can claim unemployment when his or her hours have been reduced to a level below full time, and her hours have been reduced to 0, does that not validate an unemployment claim?

I think you are wrong. How can you employ someone who you never allow to work for you?

Don't listen to him.

Another example would be my brother. He works for General Motors and they shut down the plant for two weeks, twice a year. Each time they force you to use a week of your vacation pay for one of the weeks, while you fend for yourself for the other. He is still employed for them, but he collects unemployment for that other week, because he has no income coming from GM, even though he is still employed.

[Borocay]

Originally Posted by Hamm

Not happening to me, but to my sister.

She works 2 jobs (part time on both) And when she went to work last week her hours had been completely removed for the upcoming week. Today she went in and talked to the manager and told her that she was going to claim unemployment (which she cand do in CA because she is under 40hrs per week.) The manager laughed at her and said, you cant because you are not fired, your name is still on the schedule.

I know this is wrong, and their is a legal term for it (was thinking Default Termination) but that is not it, just trying to figure it out.

Because even though she never quit and they never fired her they will not issue her her final check until she turns in her work uniform. (in essence acquiescing and saying "ok I quit" so she wont ever be able to file unemployment.)

I am administrative judge in Texas that deals with unemployment claims. I hold hearings everyday based on appeals filed by claimants and employers regarding claims for unemployment benefits. I can't tell you how many times I have heard employers tell me that the claimant is not unemployed because their name is still on the schedule. If that was case then nobody would be able to file a claim for benefits because all the employer would have to do is leave the claimant's name on the schedule. For someone to file a claim they have to be unemployed. To be unemployed the individual must not be performing services or receiving wages. If those two elements are met then the individual is unemployed and can file a valid claim for unemployment benefits. Once the claim is filed then an investigation is done to determine if the claimant was discharged for misconduct connected with the work or quit without good cause connected with the work.

In your sister's case, she was discharged when she was not given any hours to work that week. If she files a claim that same week it will be considered a valid claim. A notice of claim will be mailed to the employer and they will have 14 days to respond before a decison will be made. During that time the claims examiner will contact your sister and the employer to determine why she was discharged. The employer would have to show that she was discharged for misconduct connected with the work to have her disqualified from receiving benefits. Otherwise it is considered a lay off due to a lack of work and she will get benefits. If the employer puts her back on the schedule for full-time work the following week then she is no longer unemployed and cannot file a valid claim during any week in which she works full-time. The secret is for her to file the claim in the same week she is not given any hours to work. She cannot wait until the employer puts her back on the schedule before she files the claim. The same applies when someone is reduced from full to part-time work in a work week. They can file a claim for partial unemployment and the employer will have to show that the reduction in hours was due to misconduct or they will receive benefits. The problem with doing this is that the employer will be pissed with having to pay unemployment benefits because it affects their tax rate. So the best time to file a claim is when you no longer have any interest in working for them. Hope this helps.

[squalor]

^^ good post and interesting thread overall. nice of you to help our your sister too.

[Hamm]

Thank you very much Borocay.

[Hammer_Fist]

Hell you could collect unemployment even if he did fire you and threw you out of the office kicking and screaming.