Quit or Fired?

Discussion in 'General Discussion' started by chanel, Jun 24, 2012.

  1. chanel
    Offline

    chanel Silver Member

    Joined:
    Jun 8, 2009
    Messages:
    12,130
    Thanks Received:
    2,746
    Trophy Points:
    98
    Location:
    People's Republic of NJ
    Ratings:
    +2,749
    My husband just got notice that one of our former employees has filed for UI. He was an excellent technician but he had a problem with "showing up". (He had a drug problem in the past).

    A couple of months ago he stopped coming to work. My husband tried calling him several times, but his phone was disconnected. He eventually showed up at the shop looking for his last paycheck and turned in his uniform. Essentially, he quit.

    Unemployment fraud is rampant in the State of NJ. We challenged a claim several years ago where an employee quit and got another job working under the table. But when we contacted the Unemployment office, they said they'd "investigate". Of course they never did, and our rate went up.

    This guy will argue that he was fired for non-attendance, and my guess is that he will prevail.

    What say you?
     
  2. California Girl
    Offline

    California Girl BANNED

    Joined:
    Oct 8, 2009
    Messages:
    50,337
    Thanks Received:
    8,960
    Trophy Points:
    0
    Ratings:
    +8,965
    I'd say contact the Unemployment Office and tell them he quit... without the courtesy of giving your husband notice. Put it in writing.
     
  3. Wry Catcher
    Offline

    Wry Catcher Platinum Member

    Joined:
    Aug 3, 2009
    Messages:
    31,821
    Thanks Received:
    4,252
    Trophy Points:
    1,160
    Location:
    San Francisco Bay Area
    Ratings:
    +8,194
    In the future if you have an employee with a drug problem, or a problem getting to work, on time or at all, your best course of action is to have a 'chat' with him/her. Put them on notice that future violations of whatever will be cause for termination. Give them a last chance document, spell out your expectations and have the employee sign a "last chance" contract.

    It's a simple way to solve what may become a problem.
     
  4. Mr. H.
    Offline

    Mr. H. Diamond Member

    Joined:
    Aug 19, 2009
    Messages:
    44,127
    Thanks Received:
    9,267
    Trophy Points:
    2,030
    Location:
    A warm place with no memory.
    Ratings:
    +15,419
    Maybe write a letter to the UI office. Request a meeting with them. Anything to set the record straight and to keep your rates from going up again.
     
  5. chanel
    Offline

    chanel Silver Member

    Joined:
    Jun 8, 2009
    Messages:
    12,130
    Thanks Received:
    2,746
    Trophy Points:
    98
    Location:
    People's Republic of NJ
    Ratings:
    +2,749
    You are right Wry. We had no "contract" but that conversation did take place. The guy was up front about his addiction when he was hired. He said he had been clean for 2 years and was in a stable relationship and was starting over. And as I said, he was very good at his job.

    But this is the problem. I am fairly certain that my husband did warn him that subsequent "no show, no calls" would result in termination. And in that case, he could have assumed that he was fired, after the last one.

    This is why it is tricky and he could very well prevail. But it's not right. What's to stop anyone from just not going to work and then getting fired?

    BTW - Believe it or not, hubby could still use him. He's going to tell the UI office he can have his job back. If he refuses, (which I suspect he will), then we may have a stronger case.
     
  6. Douger
    Offline

    Douger BANNED

    Joined:
    Jun 25, 2009
    Messages:
    12,323
    Thanks Received:
    915
    Trophy Points:
    0
    Location:
    Not fucking there !
    Ratings:
    +915
    Mandatory drug test compliance. No compliance ? Fired/no unemployment benefits. You can even select the drugs ! A friend of mine in Floridastan allows THC.
     
  7. Ariux
    Offline

    Ariux BANNED

    Joined:
    Mar 16, 2012
    Messages:
    2,727
    Thanks Received:
    184
    Trophy Points:
    0
    Ratings:
    +184
    Doesn't UI insurance require that one be fired without cause, e.g. laid off for lack of work? Therefor, claiming he was fired for non-attendance would disqualify him from UI?
     
  8. AquaAthena
    Offline

    AquaAthena INTJ/ INFJ

    Joined:
    Feb 16, 2010
    Messages:
    15,453
    Thanks Received:
    11,061
    Trophy Points:
    2,265
    Location:
    ♥ TEXAS ♥ in Spirit
    Ratings:
    +12,342

    My former hubby and I consistently won over the employee, by previously documenting every conversation we had with the employee and every action taken by us and the employee. My hubby would give the employee many chances to get their act together. I would warn once, sometimes twice, and then let that employee go. They did harm to the reputation of the business and customer service, and I found out that if they didn't comply with policy after two warnings, they really never would.

    Our rates never went up. Our record keeping impressed the judge at the meetings and the deliberate and disgruntled employee lost yet again.
     
  9. American Horse
    Offline

    American Horse AKA "Mustang"

    Joined:
    Jan 23, 2009
    Messages:
    5,741
    Thanks Received:
    892
    Trophy Points:
    153
    Location:
    The Hoosier Heartland
    Ratings:
    +938
    I always operated my construction business with just a few employees, never more than 4 and usually only one. by myself An employeed drawing UI was a larger factor in that size base than someone with say 10 or 20 employees. Yet, when a person drew UI it never affected my rate substantially. I never contested anyone drawing, I just provided honest information when asked and let it go at that, or be aggressive and report it, but then let it go.

    Your rate increase you mentioned may or may not have been triggered by that one event, I doubt it, it was probably a tipping point and that's not the fault of that person per se. Your rate is based on your experience over time, not a single event.
     
    Last edited: Jun 24, 2012
  10. 007
    Offline

    007 Charter Member Supporting Member

    Joined:
    May 8, 2004
    Messages:
    38,604
    Thanks Received:
    7,922
    Trophy Points:
    1,130
    Ratings:
    +12,237
    I don't know about where you live, but in the state of Wisconsin, if you're fired for no show, no call, you are NOT eligible for unemployment. If you're fired for any legitimate reason, you will not collect UE in Wisconsin. Nevada either.
     
    Last edited: Jun 25, 2012

Share This Page