Unemployment and not showing up to work

Discussion in 'Employment' started by seabee24, Sep 30, 2012.

  1. seabee24

    seabee24 LawnSite Senior Member
    Posts: 619

    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?
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  2. White Gardens

    White Gardens LawnSite Fanatic
    Posts: 6,776

    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.


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  3. DEPENDABLE LANDSCAPING

    DEPENDABLE LANDSCAPING LawnSite Bronze Member
    Posts: 1,343

    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.
     
  4. DavidsonLandscaping

    DavidsonLandscaping LawnSite Senior Member
    Posts: 303

    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?
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  5. DEPENDABLE LANDSCAPING

    DEPENDABLE LANDSCAPING LawnSite Bronze Member
    Posts: 1,343

    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.
     
  6. GreenI.A.

    GreenI.A. LawnSite Silver Member
    Posts: 2,132

    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).
     
  7. Mark Oomkes

    Mark Oomkes LawnSite Fanatic
    Posts: 11,872

    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.
     
  8. Darryl G

    Darryl G LawnSite Fanatic
    Posts: 8,033

    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.
     
  9. macgyver_GA

    macgyver_GA LawnSite Senior Member
    Posts: 826

    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.
     
  10. zimmatic

    zimmatic LawnSite Senior Member
    Posts: 409

    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.
     

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