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Unemployment and not showing up to work

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

  1. TPendagast

    TPendagast LawnSite Fanatic
    Posts: 7,670

    Your unemployment rating has a cap, once you reach that cap, it doesn't matter what happens, your rating doesn't go up, you can't be charged more.

    This is a seasonal business. How long have you been in business? How many of your employees stay employed year round vs. getting laid off? If you have done this for a few years, and laid off 100% of your employees in November and rehire in April? Chances are you are already capped, so what difference does one more joker make?
  2. seabee24

    seabee24 LawnSite Senior Member
    Posts: 619

    If been in it long enough, however we were 1099 for awhile, last season when some guys quit it so happened that when we re-hired the new guys finished the season with less than 3 months and could not collect. The few good guys I kept on over the winter and thus I have not had to officially lay anyone off. The person worked from 2011 unit just a few months ago, but failed to show up to work. Later I found out he went on vacation. I think I'm below the cap and I'd like to stay that way if possible.

    Don't get me wrong, if it was a lay off, or a basic your fired issue I wouldn't argue it. But he didn't show up to work, that dumb if he could have collected on that.

    Funny part is I did end up hiring him back about 6 weeks after. He's been working great since
  3. Kelly's Landscaping

    Kelly's Landscaping LawnSite Platinum Member
    Posts: 4,353

    Iv beaten a few claims in my day and surprising lost on a few that never should of been paid on. I had one actually walk off the job and left a 1 month old mower just running in the back yard. He quit and that cost me because by saying he quit all his time cards all the days he had missed the 1-2 hours late he made a habit of the other 5 times he had separations were not admitted. Now had I taken the position he walked off the job and so we fired him all his past would of been admitted and he wouldn't have collected.

    As for the cap yes I am currently there and it costs me an additional 5% a year on payroll so there is a reason to try to defend yourself. 5% on 50k-100k in payroll isn't peanuts.
  4. Sam75

    Sam75 LawnSite Member
    Posts: 30

    Here in Chicago it is becoming common for guys to work 32 days and walk off the job. They collect unemployment and get a cash job cutting what a nice way to get a raise. we saw two of our guys do this last spring. Called the state and they said they could care less. He got his money from the state for all 26 weeks.
  5. Duekster

    Duekster LawnSite Fanatic
    from DFW, TX
    Posts: 7,961

    In Texas the bennies are based on the prior 3 quarters. If they employee is a new hire in the first 90 days then I do not think it counts against you. I also think Texas does have a law that says you can release an employee in the first 90 day probation period at will without any concerns

    I need to take some time and revise my handbook as we do have some new laws and posters for 2013.

    There are also maximum limits to what you can get over a period of time. Designed to stop people from working a month then collecting, then working a month then collecting again.
  6. Richard Martin

    Richard Martin LawnSite Fanatic
    Posts: 14,700

    This is because of something I like to call the Wages Bubble. Right along side the housing bubble, a bubble in wages also formed. There was plenty of money to go around and a good portion of it made it's way into wages. Now if you think it's hard to convince a lot of homeowners that their houses aren't worth what they paid for them, try to tell someone that their job was never worth the money they were being paid. My buddy in Maryland was paying starting trim guys $15 an hour cash. Try getting some of that back now that the wage bubble has burst. :laugh:
  7. deschampsbrothers

    deschampsbrothers LawnSite Member
    Posts: 7

    My accountant informed me that in NY you can call an employee back once you are informed they have filed the papers all you have to do is offer them a job making 75 percent of what their previous pay was. if they refuse the job you can submit the paperwork that you had an opening available and the employee turned the job down. they then contact him with the information you have provided about the opening and if he says to them he doesnt want the job then your portion of payment is removed

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