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I'm confused by this. I had perfect feedback until yesterday, a person clicked BUY IT NOW on my item, didn't contact me, and left negative feedback immediately (within the same day).
T... |
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Is this fair? |
I was given a violation notice for trying to help a community member from being scammed. The ff: is an excerpt of the notice I received.
Question: looking out for homebased job ?
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Joel's Mommy! | What would you do with an employee who WANTS you to fire them so they can collect unemployment? |
This guy has been working at our family business for about 30 years.
He's from a not so nice area, he's had a rough life, and he's now an out of control alcoholic. All last year he would show up to work blitzed out of his mind, and we'd find him passed out in the parking lot.
My father gave him a talk and told him he had to straighten his crap out, and not to come back to work until he got stuff together.
He did some sort of program.
For the past few months, he's been back. But it's extemely obvious that he wants my father to fire him, so he can collect unemployment.
He hardly ever shows up.
My father refuses to fire him, because that'd be playing into that man's hand, and my father doesn't want to pay his unemployment.
How would you handle that sort of situation? |
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Meri
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If you fire him for cause, he doesn't get unemployment benefits. If you lay him off (reduce staff) then he is eligible for unemployment benefits.
If you lay him off in order for him to collect unemployment benefits instead of work a job which you aren't reducing, that can constitute fraud. You would be defrauding your unemployment insurance because you are claiming that he is being laid off when in fact he's been fired because he is not a competent employee. This kind of fraud is rarely questioned, but it can be questioned.
Furthermore, I hope you realize that if a former employee files an unemployment claim that is accepted by the unemployment office, your unemployment insurance goes WAY up. What your employee is requesting will cost you and your business money.
I should add that you should document more than one violation of policy or document a few acts of negligence on his part before you fire him so that you can prove to unemployment that he was not doing his job correctly. |
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Kip
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you need to document everything he does against policies , showing up for work late, Drinking, what ever, write him up each and every time.Have him sign off on it.
Just because he thinks he can get unemployment doesn't mean he will,
You father still would have to go to a hearing for it. Meaning cover your *** by documentation. To prove on your part his conduct at work. |
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Football Dad
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Fire him! you can only recieve unemployment if its through no fault of your own. If your not doing what you are supposed to at work you will not qualify for unemployment. |
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surojabu
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I don't think you can collect unemployment if you're fired for cause. You might want to check into the unemployment laws for your state a little bit further. He might can file for wrongful termination, but if you've kept records of his employment history and job performance (and he's as bad as you say), you should win the argument.
Sounds like your employee is guilty of Gross Misconduct so probably wouldn't be allowed benefits in most states. But it depends on your individual State's laws.
This is Maryland's law on collecting unemployment when fired:
DISCHARGED FROM EMPLOYMENT - There are three levels of misconduct in the Maryland Unemployment Insurance Law.
Simple Misconduct - If you were discharged or suspended for simple misconduct in connection with the work. Benefits are denied from 5 to 10 weeks from the week that includes your last day of work.
Gross Misconduct - If you were discharged or suspended for gross misconduct in connection with the work (serious or repeated violations of employment rules or expected standards of behavior could be considered gross misconduct). Benefits are denied until you become re-employed and earn 20 times your Weekly Benefit Amount in insured work.
Aggravated Misconduct - If you were discharged or suspended for aggravated misconduct in connection with the work (malicious, deliberate acts meant to cause physical harm, property loss or damage could be considered aggravated misconduct). Benefits are denied until you become re-employed and earn 30 times your Weekly Benefit Amount in insured work. |
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casey s
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Are you paying him? I think if he is damaging your ability to serve your customers or efficiently run your business you have little choice in the matter. I dont think this should be a test of wills. If you fire him he will receive benefits he has paid into the system for 30 years and the guy obviousl;y needs help so what can you really do.
If you want to keep playing this game keep him otherwise fire him. Whether or not he wants it he is incompetent. |
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My baby is here ACCOUNT #2
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You could lessen his hours, make his job more stressful so he will want to quit. I dont know if thats even legal but thats what I would do.
Sorry I couldnt help you any more. |
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ProfessorC
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Paying unemployment for a few weeks would be far better than an employee who could claim benefits under ADA or undermine the business. |
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Nikki TW
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If I were the boss, I'd severely demote him into a job so miserable, so he'd want to quit.
What a low-life.
Prime example of people wanting to just sit on there ****, and live off of the government, as opposed to work. |
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Mitchel C
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in engalnd if you get fired you dont get unemployment benefits! |
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