Register free!
Search
 
     

The Green Industry's Resource Center


Click for Weather
Reply
 
Thread Tools Display Modes
  #1  
Old 09-30-2012, 11:08 AM
seabee24 seabee24 is offline
LawnSite Senior Member
 
Join Date: Mar 2009
Posts: 619
Unemployment and not showing up to work

Just wondering - about 6 weeks ago I fired a guy for not showing up to work, he missed 8 of 15 " work days". Over a 3 week period. Different reasons for each day he missed. Some he called, some he didn't. He received the verbal, first written , second termination write ups. Can he collect enemploymenr? I thought that was job abbandument?
Posted via Mobile Device
Reply With Quote
  #2  
Old 09-30-2012, 11:12 AM
White Gardens's Avatar
White Gardens White Gardens is online now
LawnSite Fanatic
 
Join Date: May 2008
Location: Bloomington IL
Posts: 6,754
Quote:
Originally Posted by seabee24 View Post
Just wondering - about 6 weeks ago I fired a guy for not showing up to work, he missed 8 of 15 " work days". Over a 3 week period. Different reasons for each day he missed. Some he called, some he didn't. He received the verbal, first written , second termination write ups. Can he collect enemploymenr? I thought that was job abbandument?
Posted via Mobile Device
If you have all your documentation, then they probably would get denied unemployment if they applied for it.

What would end up happening is that the Unemployment would get a hold of you to see why he got fired. Just let them know the details of why and provide the documentation if need be.

Sounds like he would get his unemployment claim denied.


.....
__________________
White Gardens On Facebook.......WG Thread......Greencare For Troops......... mywhitegardens.com(under construction)

2005- Completion of University of Illinois Master Gardner's Program.
Reply With Quote
  #3  
Old 09-30-2012, 12:11 PM
DEPENDABLE LANDSCAPING DEPENDABLE LANDSCAPING is offline
LawnSite Bronze Member
 
Join Date: Mar 2011
Location: dennis ma.
Posts: 1,344
Don't know where you are but I can tell you in the great state of mass. Doesn't matter how hard we fight it they end up collecting. I have gone to hearings with all the proper documentation and they get benefits. I have gone and won only to have ex employee re apply, receive no notice and have a notice come saying they are collecting. Frustrating to say the least but in a state that's all about letting everyone suck off the teet , that's what is unfortunately expected.
Reply With Quote
  #4  
Old 09-30-2012, 12:49 PM
DavidsonLandscaping's Avatar
DavidsonLandscaping DavidsonLandscaping is online now
LawnSite Member
 
Join Date: Sep 2011
Location: Lynn, Massachusetts
Posts: 192
Dependable, I thought here in mass you cannot receive unemployment if you are let go before your 90 day probation? How could he receive it?
Posted via Mobile Device
Reply With Quote
  #5  
Old 09-30-2012, 01:26 PM
DEPENDABLE LANDSCAPING DEPENDABLE LANDSCAPING is offline
LawnSite Bronze Member
 
Join Date: Mar 2011
Location: dennis ma.
Posts: 1,344
Quote:
Originally Posted by DavidsonLandscaping View Post
Dependable, I thought here in mass you cannot receive unemployment if you are let go before your 90 day probation? How could he receive it?
Posted via Mobile Device
Great question! Ask our politicians and state workers why it easier to grant benefits rather than investigate cases. I have been told that it is because they are understaffed for the deluge ofvunemployment cases that they receive. Also not that I am a conspiracy theorist at all but ...... When my unemployment pay in percentage is raised that is more monies to the state coffers. Yes there is a cap and I assume the state wants all employers to be paying it!
It is frustrating.
Reply With Quote
  #6  
Old 10-12-2012, 12:09 AM
GreenI.A.'s Avatar
GreenI.A. GreenI.A. is offline
LawnSite Silver Member
 
Join Date: Jul 2010
Location: North East
Posts: 2,027
Quote:
Originally Posted by DavidsonLandscaping View Post
Dependable, I thought here in mass you cannot receive unemployment if you are let go before your 90 day probation? How could he receive it?
Posted via Mobile Device
Quote:
Originally Posted by DEPENDABLE LANDSCAPING View Post
Great question! Ask our politicians and state workers why it easier to grant benefits rather than investigate cases. I have been told that it is because they are understaffed for the deluge ofvunemployment cases that they receive. Also not that I am a conspiracy theorist at all but ...... When my unemployment pay in percentage is raised that is more monies to the state coffers. Yes there is a cap and I assume the state wants all employers to be paying it!
It is frustrating.
I believe the 90 days in MA is not 90 days with one company, but you need a total of 90 days of un-interupted employment, and your unemployment rate is based off of the average pay over those 90 days. Here's how my accountant explained it to me. I hire a guy at $16 an hour, he left his previous job to come work for me, the previous job paid him $10 an hour. After a month I lay him off and he files for UI. The claim would go against me, and his rate would be based off his average weekly pay over the last 90days. So in the example I gave, the UI would be based off of him being paid $12 an hour (1 month @ $16, 2 months @ $10).
__________________
Why do people not respect us as they do other tradesmen? Because every Tom, Dick, and Harry doesn't think he can be a plumber or electrician!
Reply With Quote
  #7  
Old 10-12-2012, 07:47 AM
Mark Oomkes Mark Oomkes is online now
LawnSite Fanatic
 
Join Date: Dec 2000
Location: Grand Rapids, MI
Posts: 6,460
Quote:
Originally Posted by DEPENDABLE LANDSCAPING View Post
Don't know where you are but I can tell you in the great state of mass. Doesn't matter how hard we fight it they end up collecting. I have gone to hearings with all the proper documentation and they get benefits. I have gone and won only to have ex employee re apply, receive no notice and have a notice come saying they are collecting. Frustrating to say the least but in a state that's all about letting everyone suck off the teet , that's what is unfortunately expected.
Isn't the "system" great?

Had a similar case here in MI several years back. Professional UA collector. Worked for me for 6 weeks (coincidentally) WALKED off the job. As in self-terminated, quit, gone, bye-bye without saying a word to me. I finally got a hold of him and he said I had "yelled" at him. I had gone to a job site and shown him the weeds he was missing. An hour later he was gone.

He filed and said he wasn't performing the work I had hired him for (applications) I provided paperwork showing he had done apps for 4 of the 6 weeks and the rest been spraying weeds in beds, etc. and they gave it to him.

Not sure if he knew someone on the UA board or what. I was some kinda pissed.

So, the moral of the story, depending on the situation, it doesn't matter what documentation you do or don't have. Especially when the UA board is populated by idiots.
__________________
"Science is the belief in the ignorance of the experts" – Richard Feynman

I like my guns like Obama likes his voters: Undocumented

Criminals obey gun laws like politicians follow their oaths of office
Reply With Quote
  #8  
Old 10-12-2012, 09:19 AM
Darryl G Darryl G is offline
LawnSite Fanatic
 
Join Date: May 2001
Posts: 7,957
The best part is that a lot of these guys collecting unemployment are cutting grass on the side! Customers hire them because they feel sorry for them having lost their jobs.
Reply With Quote
  #9  
Old 10-12-2012, 10:12 AM
macgyver_GA macgyver_GA is offline
LawnSite Senior Member
 
Join Date: May 2010
Location: Canton, GA
Posts: 815
Quote:
Originally Posted by darryl gesner View Post
The best part is that a lot of these guys collecting unemployment are cutting grass on the side! Customers hire them because they feel sorry for them having lost their jobs.
I took over 3 of my customers a few years ago from a guy who did this. He gave the sob story that he was laid off from his job and had been out of work for almost two years (uh yeah... because he's a lazy scumbag SOB). One month, He decided to add an extra "1" to the front of the number the customer put on the check, then tried to cash it. The bank called her and told her. She then called him and tore him a new *******. She didn't press charges though. Another one of the customers he was servicing was an old woman a couple houses down who couldn't drive anymore and she decided to give him her old late 80's volvo that had been sitting and needed some work in exchange for mowing her lawn. He stopped showing up after he got the volvo running. Total scumbag. Not to mention he was a total hack and left the lawns looking awful. 3 years later, I'm still maintaining 2 of those 3 lawns (the one he tried to defraud moved) and their lawns look great.
Reply With Quote
  #10  
Old 11-11-2012, 02:35 PM
zimmatic zimmatic is offline
LawnSite Senior Member
 
Join Date: Dec 2007
Location: Minnesota
Posts: 396
If an employee walks off the job you should always send a certified letter with their last paycheck and a letter stating that they resigned there postion on the that day.

As far as documentation you typically need a 2- 3 week daily time line of what that employee did each day. You have to build a pursasive/belivable case that your are the victim and the employee damaged your business. Stating state statutes also help.
Its alot of work but another neccesary evil. You must also keep all files on these employee's (clowns) for at least 5 years so you can referance the case decisions if the employee tries to refile. The state doesnt always have their information (I think its to skrew with the employers)
Just my experince.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump





Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Copyright ©1998 - 2012, LawnSite.com™ - Moose River Media
All times are GMT -4. The time now is 04:29 PM.

Page generated in 0.07113 seconds with 9 queries