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  1. #1
    Join Date
    Dec 2010
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    5

    Default Seasonal Employee Being Threatened Not to Be Rehired for Collecting Benefits

    My question involves unemployment benefits for the state of: New York

    I am a "seasonal employee", though I work full-time from around April to October. Once I am laid off due to lack of work, I collect unemployment benefits while looking for work. Then, come April, I return to work at my "seasonal" job. However, I was recently informed by my employer that it is company policy to NOT rehire employees who collect unemployment benefits. Is this legal?

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Seasonal Employee Being Threatened Not to Be Rehired for Collecting Benefits

    The company has no legal obligation to rehire you.

    Having said that, it MIGHT be a public policy violation. However, I'm not sure it would be financially worth your while to pursue this legally. You can certainly discuss it with an employment attorney, but it would cost you big bucks up front to take this to court; I don't see an attorney taking this on contigency, because the likelihood of winning is questionable.

  3. #3
    Join Date
    Dec 2010
    Posts
    5

    Default Re: Seasonal Employee Being Threatened Not to Be Rehired for Collecting Benefits

    Yea, that's what I figured, Patty.

    Thanks for the quick response!

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Seasonal Employee Being Threatened Not to Be Rehired for Collecting Benefits

    Go to google scholar and do some research .. if a company cannot treat you differently because of unemployment (and you may find out that this is true) then you may have a viable case IF you can prove this is the policy. It is a policy that is terrible and offensive even if not illegal.

  5. #5
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Seasonal Employee Being Threatened Not to Be Rehired for Collecting Benefits

    Well, they're really cutting off their nose to spite their face.

    Assuming their UI reserve account is being charged for your benefits, if they rehired you, your benefits would cease and there would be no UI benefits TO charge. By not rehiring you, they take the risk that you will continue to qualify for UI benefits and that just makes their reserve account ratio worse, which increases their UI tax rate is the subsequent year.

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