?? about ex-employee claiming unemployment in Calif...

[kb]

Employee gave 2wk written notice to leave our company and was Sept 2008. In Feb 2009 he submitted an unemployment claim. We just got the notice of wages claim from EDD (dated 2/1/2010) and said unless we respond the "Benefits chargeable to our account is 100%".

BTW, this employee has come back to assist on a commerical job ONE 3 hour night, ONCE a month for all of 2009, which we'll be 10-99 him for.

This is our 1st experience with this and not sure what all this means, and why our account can get charged and we were notified a year later? Did this ex-employee already get this money? Will our UI contributions go up??? ERRRGGGHH!

Thanks, KELLY

 

[John Olson]

I don't know anyting about CA but send them all your documentation. Since your in CA your probably screwed anyway but you shouldn't be responsible for someone quitting.

 

[joe harper]

John is correct....

Deny the claim..

If they STILL want to charge you... :x

Simply tell the examiner that you are willing to OFFER him employment...

Then he will have NO claim....for futher compensation... :!:

If he DENIES to accept employment...He is screwed...He gets "NADA"..




If he does accept."he won't" especially if he has to MOVE into the area... :!:

But if he DOES...work his ASS-OFF for 1 week...

Then call him into the office...Tell him you are "DOUBLING HIS PAY".... :?

Then "FIRE HIM" the following day... :shock:

WHEN he ask..?..."Why would you DOUBLE my PAY yesterday...And FIRE ..me today... :roll:


Tell him...BECAUSE..."I WANTED TO FIRE "YOUR ASS" FROM A.......(GOOD JOB)... "

 

[Desk Jockey]

Tell him...BECAUSE..."I WANTED TO FIRE "YOUR ASS" FROM A.......(GOOD JOB)... "

Man you're a tough boss!

I've got the same type of thing going right now also. Contents cleaning tech, she had been with us for a couple of years, good employee, hard worker. Had a second child and wanted to move back to Texas. She quit and now she files for unemployment.

I'm not fighting it, but it is irritating, because I have a job for her here. I had to hire someone to replace her.

 

[joe harper]

Tell him...BECAUSE..."I WANTED TO FIRE "YOUR ASS" FROM A.......(GOOD JOB)... "

Man you're a tough boss!

Not ME Doc....."I am Just in my PRIME..." :wink:

 

[Desk Jockey]

Not ME Doc....."I am Just in my PRIME..." :wink:

"Yea you look it" Johnny Ringo

 

[randy]

In most States you have a brief time to request a hiring (which is informal) so MOVE ON THIS NOW. What he is doing is fraudulent. Was the two weeks notice in writing ? All notices to and from an employee need to be.

What you are witnessing first hand is the mentality that has destroyed the California economy and bankrupted the State government. Same thing with New York. We need a Constitutional amendment making the taxing of businesses for "UNEMPLOYMENT benefits" illegal. Personal savings accounts are your unemployment insurance , not the earnings of others.

People collecting unemployment should be required to report at 5:30 am for trash pick up on the highways. A unemployment chain gang with a huge sign : This clean up is provided by folks collecting unemployment, honk if you think they should get their own dam job. There photos & names should be post on the net with an explanation about how long they have been unemployed. Do you have a job for one of these clowns ? Call 1800- Unemployable

Instead of constantly extending unemployment beyond the set 18 months (which is already way too long by at least 17 months) benefits should shrink every week by 25%. In 30 days it's gone and you are only eligible every 5 years. Two years from the date that you received the benefits you pay it back with 50% interest. Don't have the money ? No problem, the chain gang clean up team has a new part time job for you every Saturday & Sunday 5:30am-7:30 PM Since the job only pays the unemployable rate of $3.00 and hour it might take a year, but you will get your fellow citizen's tax dollars returned.

Taxing employment to encourage unemployment is economically ignorant.

 

[Greg Cole]

Employee gave 2wk written notice to leave our company and was Sept 2008. In Feb 2009 he submitted an unemployment claim. We just got the notice of wages claim from EDD (dated 2/1/2010) and said unless we respond the "Benefits chargeable to our account is 100%".

BTW, this employee has come back to assist on a commerical job ONE 3 hour night, ONCE a month for all of 2009, which we'll be 10-99 him for.

This is our 1st experience with this and not sure what all this means, and why our account can get charged and we were notified a year later? Did this ex-employee already get this money? Will our UI contributions go up??? ERRRGGGHH!

Thanks, KELLY

Huge mistake with the 1099 for once a month. He was still an employee if he came to help- 1099 would be as a contractor. if he shows up at the time you tell him, uses your equipment, helps your people- he is considered an employee and you should have held taxes. The good news is that this technically doesn't make him unemployed but rather working part time from time to time and could be used to deny benefits 100% as he is only working 3 hours a month. Were you paying him hourly or flat rate? Call your accountant!

 

[-JB-]

Randy...

 

[-JB-]

well, well, well Ol'e Ray filed for unemployment, got the notice in the mail today :roll:

He was released after 4! written/singed warnings w/in a 10 day period, knowing full well his last waring was the LAST waring before termination (documented) so, is it worth bothering to protest his claim in this day and age? Considering I have all the documentation I need, will they (NYS) likely payout anyway?

I'd heard, once a claim is filed against your policy, your rate takes a hit regardless; anyone know if this is a true?

I called the payroll company we use, of course they are in no position to offer me advice. :shock:

 

[John Olson]

Fight it period. It is time people take personal responsibility for their own actions and decisions instead of having other people pay for thier choices....might be something good for him and you to learn.... :shock:

 

[J Scott W]

I'd heard, once a claim is filed against your policy, your rate takes a hit regardless; anyone know if this is a true?

This likely varies from state to state, but it was not true for Tennessee. Your experience rate was based upon the taxes you had paid and were held in reserve (resrve account) divided by the claims paid and charged to your account. If the claim was not charged to your account, it did not affect your rating.

Extensions in unemployment benefits during the recession allowd folks to claim unemployment benefits for 18 months or longer. So they may have become unemployed in September 2009 and stillbe eligible to collect.

 

[CraigT]

We're in Calif and had an employee that quit after awhile (she didn't show up a lot didn't do very well etc, etc...). So she gave her two weeks notice and then went to unemployment to collect. We showed the examiner all the paperwork and they laughed at her claim.

Get all the paperwork, go talk with the examiner and get that claim denied. So many people want free money it's unreal.

 

[Out of Character - 0]

You guys who pay a payroll service probably wouldn't have to spend much more to "lease" your employees. Way better than owning them imo.

 

[rick imby]

Classic Government Law of unintended consequenses.

What they do to eliminate unemployment causes unemployment. Anyone collecting unemployment is on a non working vacation. It never ends until the checks stop. The longer a person has been away from a job the worse employee they are when the get a job. With Medical leave many after about 6 weeks of leave change their goal to not going back to work.

Freddie Mac and Fanny May were intended to stabilize the Banking and housing industry. When their window was slammed shut they burst the banking and mortgage and housing bubble that Fannie and Freddie had created by trying to stabilize it.


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[-JB-]

You guys who pay a payroll service probably wouldn't have to spend much more to "lease" your employees. Way better than owning them imo.

you talking temp svs?

 

[XTREME1]

People collecting unemployment should be required to report at 5:30 am for trash pick up on the highways. A unemployment chain gang with a huge sign : This clean up is provided by folks collecting unemployment, honk if you think they should get their own dam job. There photos & names should be post on the net with an explanation about how long they have been unemployed. Do you have a job for one of these clowns ? Call 1800- Unemployable

ass of a statement. I have many friends who have been layed off and can not find work. They have gone to shit jobs and have been over qualified gone to what they should be doing and were overqualified or too old or just one of many candidates. Make welfare and some ssdi recipients work the road crews. Are guy getting layed off after 25 yrs isn't a deadbeat. Make him work a roadcrew while he is losing his house, family in turmoil and unemployed.

I think they should show up at the uneployment office to collect the check and wait inline rather have it mailed to them. That is a motivator I bet

 

[Out of Character - 0]

You guys who pay a payroll service probably wouldn't have to spend much more to "lease" your employees. Way better than owning them imo.

you talking temp svs?

No, not temps.

It's exactly like using a payroll service for you own staff but they are technically the employer. Definition: Workers who are officially employed by a professional employer organization, which is responsible for overseeing all HR-related functions, but who actually perform all work for your company. You manage as your employee's but legally they are not.

When I hire/lease somone I send them to the company we use and they hire them no questions asked. When I fire somone, same thing. They deal with all hr related issues. After they've been terminated it is as if they never worked for me at all.

 

[-JB-]

got a link or name?

PM me if you wish.

Thanks.

 

[KeithCo]

John,

They're called PEO's. It's all we've used for 15 years.

Here's some info here: http://www.peo.com/faq/#q_whatis


http://en.wikipedia.org/wiki/Profession ... ganization

 

[-JB-]

any wonder why I love this place? :roll:


thanx

 

[rhyde]

had the same issue last year. it's normal they do this with previous employers for a year or so If he got another job was fired or laid off and filed unemployment this is what happens. Respond that he willfully terminated his employment and you are not liable for his unemployment.

 

[-JB-]

so, to say he "willfully" terminated his employment would be better than to file a notice of protest w/all my paperwork in tow?? :?