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  1. #11
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is it Legal to Lay a Worker Off With No Further Explanation

    Can what be done?

    The employer's stating that somebody was "discharged" is not going to affect eligibility for employment -- every employee who stops working for an employer is "discharged".

  2. #12
    Join Date
    Nov 2009
    Posts
    10

    Default Re: Is it Legal to Lay a Worker Off With No Further Explanation

    But now we have no money as we have to wait for a review on April 23. I have been without a job since Oct 2014 and now my wife is not working either

  3. #13
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Is it Legal to Lay a Worker Off With No Further Explanation

    She can appeal the UI determination but I agree that there had to be something more than use of the word, discharged, for benefits to be denied. UI is FOR workers who were "discharged" as long as there was no other disqualifying reason. So there HAS to have been something more.

  4. #14
    Join Date
    Dec 2012
    Location
    Atlanta, Georgia, United States
    Posts
    202

    Default Re: Is it Legal to Lay a Worker Off With No Further Explanation

    Exactly!

  5. #15
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Is it Legal to Lay a Worker Off With No Further Explanation

    He can legally do this, tell her she's fired, terminated, sent home, whatever, for any reason, or no reason.

    Since he's not the greatest person, he's not going to want to provide a terminated employee with unemployment benefits, which will cause his tax rate to go up and will cost him money. However, in order to keep her from being approved, he has to show he had a valid misconduct reason to terminate her. Else she will be approved for benefits. This has to be worked out by the unemployment system, which will get her side of the story, which is that she was discharged for no reason she knows of. Then they have to contact her employer, and ask him what the reason was that she was terminated. If he doesn't have a valid, misconduct reason, usually something with warnings and write ups and her being aware that continuing to do whatever it was would lead to her termination, or if he doesn't have evidence that she committed gross misconduct, such as stealing from the employer or mistreating one of the clients, then she'll probably be approved. If he does have such a compelling reason, she will not be, and will have to file an appeal and try to show that she was terminated without cause. Is this review you are waiting till April 23 to do a hearing? Has she already received one letter saying she is denied? If so, what was the reason given?

    Processing an unemployment claim will always take from four to six weeks, possibly longer. They do not require you to be low income, and it is not based on how poor you are. Therefore, whether or not you have enough money to get by on is not an issue for the unemployment system. If your wife is making regular weekly certifications for benefits while waiting for a decision about her termination, then she will be back paid for each of the weeks if the claim is approved. So she needs to keep filing for weeks as they pass.

    Both of you need to be looking for another job, as unemployment isn't going to be something that would solve your income problems immediately, even if she were laid off due to simple lack of work and was able to begin drawing a little more quickly. Unemployment is never as much money as you could make working at a job, and is a temporary program, even if you are approved.

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