Results 1 to 10 of 16

Hybrid View

  1. #1
    Join Date
    Apr 2011
    Posts
    17

    Default Unemployment Benefits During a Leave of Absence

    My question involves unemployment benefits for the state of: AZ

    Is there anything wrong with this scenario? Husband works for a Co. in upper management. Co. lost account that he runs. Instead of lay him off they put him on LOA so that if and when they call him back, he comes in at same pay. So, 5 weeks gone by and now he takes a car sales job because cannot find other work and has heard nothing from his Co. Mind you, there are newer managers that are still employed, and I would think they would go by seniority and lay those guys off, and give my husband those sites...maybe just wishful thinking? So, if nothing materializes, and he does get laid-off indefinately there is no room to go back and collect anything I'm guessing?

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

    Default Re: Loa in Az

    He should have filed for unemployment immediately upon them laying him off. Unemployment benefits are not retroactive.

    The employer does not have to lay off or recall employees based on seniority unless there is a bona fide employment contract or CBA requiring it.

  3. #3
    Join Date
    Apr 2011
    Posts
    17

    Default Re: Loa in Az

    Maybe I wasn't clear here. They did NOT lay him off, they put him on a "leave of Absence" so that he would not lose his paygrade if and when they call him back. So, he is still on an LOA...

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Loa in Az

    So, what's stopping him for filing for unemployment while he's on an LOA?

  5. #5
    Join Date
    Apr 2011
    Posts
    17

    Default Re: Loa in Az

    He was under the impression he could not file unemployment since he was put on LOA....as the HR girl told him he could either be terminated-no fault of his own, or go on LOA. Seemed like it was voluntary...hmmm maybe he could have and should have filed....

  6. #6

    Default Re: Loa in Az

    I would try to file for UI anyway and see what happens. They may want to speak to him about more details about his LOA.

    I know with me, I was not terminated, but given "zero hours" and I got UI here where I live in California. I don't think that they can really deny him UI if they are, essentially, not letting him work. Sounds like the employer is trying to get out of paying him UI benefits by claiming he is on leave at his own accord. If he's not voluntarily on leave, he can tell the UI people about that.

    1. Sponsored Links
       

Similar Threads

  1. Unemployment Benefits: Qualifying for Unemployment After a Leave of Absence
    By odatman in forum Employment and Labor
    Replies: 2
    Last Post: 01-20-2011, 11:40 PM
  2. Unemployment Benefits: Unemployment Eligibility on Leave of Absence
    By melissa j76 in forum Employment and Labor
    Replies: 1
    Last Post: 04-01-2010, 10:22 PM
  3. Unemployment Benefits: Unemployment Benefits After 4 Months of Maternity Leave
    By KristinG in forum Employment and Labor
    Replies: 1
    Last Post: 11-19-2009, 12:52 AM
  4. Unemployment Benefits: Filed Leave of Absence - Can I File for Unemployment
    By rushiskonto in forum Employment and Labor
    Replies: 1
    Last Post: 07-28-2008, 10:16 AM
  5. Getting Fired: Termination due to extended leave of absence/Unemployment being challenged, Michigan
    By AnnieB in forum Employment and Labor
    Replies: 1
    Last Post: 10-27-2006, 12:58 PM
 
 
Sponsored Links

Legal Help, Information and Resources