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Unemployment for people that quit

Discussion in 'Lawn Mowing' started by Cedar Valley Landscapes, Jan 31, 2007.

  1. Cedar Valley Landscapes

    Cedar Valley Landscapes LawnSite Member
    Posts: 131

    Now this is something we have been fighting for about two months now. We had one of our employees (our driver no less) just up and quit in October. He quit because we decided not to work on this particular friday because of weather and they already had 78 hours in for their two week pay check. Come monday him and his son dont show up for work, we call them and his son says he doesnt know where he is at. He calls us back the next day and says that he didnt quit and will be in tomorrow. But sure enough he doesnt come in but his son does. He says his father is working somewhere else. But his father said he never quit. So now trying to dispute it with unemployment is like trying to pull teeth. They say he has grounds for leaving, even though we always paid him on time and never cheat them on overtime. Anybody else deal with this or have anything say please post. Thanks. (will be calling unemployment tomorrow, will keep you all updated)
  2. jim dailey

    jim dailey LawnSite Senior Member
    Posts: 614

    I am not an expert...BUT: Did you pay him the hours due him, on time? Did he call in sick, or whatever, for each and everyday that he has NOT shown up for work. DO NOT call him. It will appear as harrassment. Let him stay out, as long as he wants. Call unemployment, and ask what your rights are. Keep him out there. Remember, overtime is a gift, it is not promised, except after 8 or 40. Let us know what unemployment has to say. I can only speak from rules in my state.
  3. Uranus

    Uranus LawnSite Bronze Member
    from Mass
    Posts: 1,624

    You shouldn't be getting any problems from DUI. He was a was a no call no show on friday due to not wanting to do a job assigned to him, no call no show on monday, No show with a late phone call on tuesday, and said he will be in on Wednesday. Pulls another no call no show on wednesday after saying he will be in. Terminated! Your right he didn't quit you fired him. Refusal to work, 4 days of not showing up to work, and lying. How does he stand a chance of getting a check. But thats Mass not Illinois. Good luck.
  4. YardPro

    YardPro LawnSite Gold Member
    Posts: 3,563

    i agree with williams LC.
    this guy will not win the case.
  5. Cedar Valley Landscapes

    Cedar Valley Landscapes LawnSite Member
    Posts: 131

    only problem right now is that he won the first round and unemployment office said he had means to leave and left on good causes
  6. deereman

    deereman LawnSite Senior Member
    from USA
    Posts: 518

    Well you should be entitled to know what his (grounds or means are) so you can give them your side of the coin! It sounds like they are only hearing one side of the coin. Which doesnt make any sense to me because they are USUALLY more wanting to hear the employers side of the story because there is so many low lifes trying to get by with shady claims as this one possably is. And I also smell a fish here , document EVERYTHING from here on out , you just never know anymore. Good luck!
  7. willietd2

    willietd2 LawnSite Member
    from OHIO
    Posts: 210

    I Alway Thought When You Quit Your Unemployment Was Sol.now If He Was Fired Then He Can Fight It.
  8. Envy Lawn Service

    Envy Lawn Service LawnSite Fanatic
    Posts: 11,062

    I guess it depends on the state you are in?

    But you're right as far as what I usually see.... guys who quit and swear they were fired without justification.... lol.
  9. chuck bow

    chuck bow LawnSite Senior Member
    Posts: 701

    Maybe he thought you should pay him for that fri seing you sent him home because it rained , i dont know but 2 weeks at 40 equal 80 not 78 iam at a loss , if he was a valuable employee maybe you should have found some for him to do that day its a toss up
  10. Ramairfreak98ss

    Ramairfreak98ss LawnSite Silver Member
    Posts: 2,210

    sucks man, ive been on the other side of that ordeal in NJ though a few years ago. I worked for a computer company, small 5+ people, and i requested off a saturday in april over a month in ADVANCE. Boss took 2 weeks then finally said well it should be ok, this other employee seth would fill in. Then seth said he didnt think he could the next week and the thursday before my saturday off, my boss tells me well im gonna have to work now. Like tough shiat ahole, i worked every goddarn saturday for you and my plans are all set for now. so i told him again friday, look boss, i wont be in tomorrow, hope you made appropriate accomodations so you have enough employees to have your store open tomorrow. Hes like ah, well if your not gonna show up then dont come in monday! , was my next scheduled day.

    So monday morning im over at unemployment already, and my boss claimed i QUIT! took me 5+ weeks to finally get money and back and forth with all these appointments. It works both ways though but i feel for your situation, the system is far from anywhere near good even. the good guys get screwed no matter what side their on

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