Page 1 of 2 1 2 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    Apr 2015
    Posts
    15

    Default L and I Compensation

    My question involves labor and employment law for the state of: WA

    Hi all

    My inlaw was a carpet installer with formally hired helper.

    Last year, inlaw severely damaged his knee and, after several procedures, was basically decommissioned from being able to install carpet. His business is dissolved.
    He is now hired by a large flooring company as expert on carpet installations. It's salaried 8-5 job. His chances of going back to carpet installation as single proprietor are pretty much none.

    Come to find, helper turned in L&I claim for unemployment benefits, as laid off worker. He was never officially laif off or fired, only told "sorry, man don't think we will ever need your help again". To what he consented.

    Inlaw received a formal letter from state, making him start paying unemployment benefits to helper, for 52 weeks, at rate $1000 a month.

    Same time, after inlaw could not install carpet anymore and informed helper, helper did surgery on his feet. That resulted in him having doctor order to not do any extensive walking and weight lifting for approximately 4 months. this make shim incapable of continuing to work as carpet installer worker.

    Of course, question is - is inlaw even supposed to pay those benefits and what is the good course of action? Right now, after him not working for 6 months and several procedures, $1000 a month is major financial impact on him.

    Thank you

  2. #2
    Join Date
    Oct 2016
    Posts
    3,669

    Default Re: L and I Compensation

    Quote Quoting ukrkoz
    View Post
    My question involves labor and employment law for the state of: WA

    Hi all

    My inlaw was a carpet installer with formally hired helper.

    Last year, inlaw severely damaged his knee and, after several procedures, was basically decommissioned from being able to install carpet. His business is dissolved.
    He is now hired by a large flooring company as expert on carpet installations. It's salaried 8-5 job. His chances of going back to carpet installation as single proprietor are pretty much none.

    Come to find, helper turned in L&I claim for unemployment benefits, as laid off worker. He was never officially laif off or fired, only told "sorry, man don't think we will ever need your help again". To what he consented.

    Inlaw received a formal letter from state, making him start paying unemployment benefits to helper, for 52 weeks, at rate $1000 a month.

    Same time, after inlaw could not install carpet anymore and informed helper, helper did surgery on his feet. That resulted in him having doctor order to not do any extensive walking and weight lifting for approximately 4 months. this make shim incapable of continuing to work as carpet installer worker.

    Of course, question is - is inlaw even supposed to pay those benefits and what is the good course of action? Right now, after him not working for 6 months and several procedures, $1000 a month is major financial impact on him.

    Thank you
    Employers don't directly pay unemployment benefits. The state unemployment agency pays them. In WA it is the Employment Security Department. What the employer pays is a tax as a percentage of wages paid.

    If the former employee can't take suitable work because of a medical issue. The state should cut off benefits while they can't accept a job.

  3. #3
    Join Date
    Jul 2018
    Posts
    2,062

    Default Re: L and I Compensation

    Quote Quoting ukrkoz
    View Post
    My inlaw was a carpet installer with formally hired helper.
    I interpret "formally hired helper" to mean that this person was an employee of your in-law. Correct?


    Quote Quoting ukrkoz
    View Post
    He was never officially laif off or fired, only told "sorry, man don't think we will ever need your help again". To what he consented.
    Are you suggesting that you think, "sorry, man, don't think we will ever need your help again," is somehow meaningfully different from being fired or laid-off? What does "To what he consented" mean?


    Quote Quoting ukrkoz
    View Post
    Of course, question is - is inlaw even supposed to pay those benefits and what is the good course of action?
    Your in-law isn't liable for paying unemployment benefits. However, I'm wondering if, while the former employee was employed by your in-law, your in-law made proper reporting and payment of unemployment taxes.

  4. #4
    Join Date
    Apr 2015
    Posts
    15

    Default Re: L and I Compensation

    Thank you.
    What happens AFTER helper recovers and business in question is dissolved anyway?
    Is he still eligible for some sort of benefit that may financially burden inlaw?

    Quote Quoting pg1067
    View Post
    I interpret "formally hired helper" to mean that this person was an employee of your in-law. Correct?

    Yes. He was formally employed and inlaw paid whatever he had to. It was NOT a cash job.


    Are you suggesting that you think, "sorry, man, don't think we will ever need your help again," is somehow meaningfully different from being fired or laid-off? What does "To what he consented" mean?
    [I]
    I can only ask on his behalf and from what I was told. Apparently, inlaw informed helper that due to his inability to continue carpet installation, his help is not more required. To what response was "I understand" Far I know, there was no formal paperwork signed.

    Your in-law isn't liable for paying unemployment benefits. However, I'm wondering if, while the former employee was employed by your in-law, your in-law made proper reporting and payment of unemployment taxes.
    He did

  5. #5
    Join Date
    Oct 2016
    Posts
    3,669

    Default Re: L and I Compensation

    Assuming your in-law paid his UI taxes properly it will have no effect on him in the future if he doesn't reopen the business. If he does, it will likely just caus his UI tax rate to be a little higher.

  6. #6
    Join Date
    Apr 2015
    Posts
    15

    Default Re: L and I Compensation

    Quote Quoting PayrolGuy
    View Post
    Employers don't directly pay unemployment benefits. The state unemployment agency pays them. In WA it is the Employment Security Department. What the employer pays is a tax as a percentage of wages paid.

    If the former employee can't take suitable work because of a medical issue. The state should cut off benefits while they can't accept a job.
    Can you please elaborate on that? Helper was making several thousands month. There is no way his unemployment benefit will result in a tax in amount of $1000 a month.

  7. #7
    Join Date
    Mar 2013
    Posts
    17,611

    Default Re: L and I Compensation

    Quote Quoting PayrolGuy
    View Post
    Assuming your in-law paid his UI taxes properly
    I'm guessing that the state is making "in-law" pay the $1000 per month because "in-law" didn't pay into the UI system.

  8. #8
    Join Date
    Oct 2016
    Posts
    3,669

    Default Re: L and I Compensation

    Quote Quoting ukrkoz
    View Post
    Can you please elaborate on that? Helper was making several thousands month. There is no way his unemployment benefit will result in a tax in amount of $1000 a month.
    I don't believe he has received such a bill.

    Taxes are paid at the end of each quarter after the wages are paid.

    The tax rate varies but a 3-4% of wages tax would not be unusual.

    This is why we generally don't like answering second-hand questions. I don't think you have all of the information. I'd suggest you point your in-law to this site and allow him to ask the question with the letter in hand.

  9. #9
    Join Date
    Apr 2015
    Posts
    15

    Default Re: L and I Compensation

    I totally agree.

    I already have this forwarded onto his wife, who does his bookkeeping. She's welcome to join. And I'd like to see that paper that came from state myself.
    It was late night call yesterday, total surprise to them.

    I'm just good Samaritan.

    Let's put this on ice for now, until we get good intel.

    Thank you

    OK, so this is what they received.
    I blocked all personal info

    Hmm, I don't see how I can attach it...

    Says:

    Benefit charging notice
    Following individual applied for unemployment
    Benefit year start: 19/Jan/2020
    Weekly amount and max payable: $188/$3520
    Base year Oct 2018-Sep 2019
    Hours and wages: 880/$10, 560.00
    Total wages reported by employer: $10, 560.00
    Your percentage Special of wages case: 100%

    Followed by 52 week period during which claimant can receive benefits

    At the letetr end there is Request for Separation Information.

    Does this help?

    OK, so this is what they received.
    I blocked all personal info

    Hmm, I don't see how I can attach it...

    Says:

    Benefit charging notice
    Following individual applied for unemployment
    Benefit year start: 19/Jan/2020
    Weekly amount and max payable: $188/$3520
    Base year Oct 2018-Sep 2019
    Hours and wages: 880/$10, 560.00
    Total wages reported by employer: $10, 560.00
    Your percentage Special of wages case: 100%

    Followed by 52 week period during which claimant can receive benefits

    At the letetr end there is Request for Separation Information.

    Does this help?

    Ok, I got it all figured.
    Told his wife to call Olympia and ask them to explain what's going on.
    She was explained that, unless voluntarily terminated, her husband will be liable for full benefit for his helper. Which actually is only $3500
    NOW they told me that helper actually quit when inlaw (it's inlaw, not "inlaw") told him that he can't promise him any more work in observable future.
    Inlaws will submit letter to Olympia with such explanation and will have response in 45 days.
    That's it.

  10. #10
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    2,987

    Default Re: L and I Compensation

    Quote Quoting ukrkoz
    View Post
    I totally agree.

    I already have this forwarded onto his wife, who does his bookkeeping. She's welcome to join. And I'd like to see that paper that came from state myself.
    It was late night call yesterday, total surprise to them.

    I'm just good Samaritan.

    Let's put this on ice for now, until we get good intel.

    Thank you

    OK, so this is what they received.
    I blocked all personal info

    Hmm, I don't see how I can attach it...

    Says:

    Benefit charging notice
    Following individual applied for unemployment
    Benefit year start: 19/Jan/2020
    Weekly amount and max payable: $188/$3520
    Base year Oct 2018-Sep 2019
    Hours and wages: 880/$10, 560.00
    Total wages reported by employer: $10, 560.00
    Your percentage Special of wages case: 100%

    Followed by 52 week period during which claimant can receive benefits

    At the letetr end there is Request for Separation Information.

    Does this help?

    OK, so this is what they received.
    I blocked all personal info

    Hmm, I don't see how I can attach it...

    Says:

    Benefit charging notice
    Following individual applied for unemployment
    Benefit year start: 19/Jan/2020
    Weekly amount and max payable: $188/$3520
    Base year Oct 2018-Sep 2019
    Hours and wages: 880/$10, 560.00
    Total wages reported by employer: $10, 560.00
    Your percentage Special of wages case: 100%

    Followed by 52 week period during which claimant can receive benefits

    At the letetr end there is Request for Separation Information.

    Does this help?

    Ok, I got it all figured.
    Told his wife to call Olympia and ask them to explain what's going on.
    She was explained that, unless voluntarily terminated, her husband will be liable for full benefit for his helper. Which actually is only $3500
    NOW they told me that helper actually quit when inlaw (it's inlaw, not "inlaw") told him that he can't promise him any more work in observable future.
    Inlaws will submit letter to Olympia with such explanation and will have response in 45 days.
    That's it.
    None of this makes any sense.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Claiming Benefits: How to File a Compensation Claim with the New York State Workers’ Compensation Board
    By mikaylad378 in forum Worker's Compensation
    Replies: 1
    Last Post: 11-27-2017, 10:40 PM
  2. Compensation
    By grimjedi28 in forum Worker's Compensation
    Replies: 1
    Last Post: 03-07-2017, 10:06 PM
  3. Benefits for Injured Workers: Workers Compensation for a Reduction in Compensation
    By lawfacts in forum Worker's Compensation
    Replies: 1
    Last Post: 01-26-2017, 09:33 AM
  4. Benefits for Injured Workers: Workers Compensation SSDI Offset and Indemnity Compensation
    By Slowgo in forum Worker's Compensation
    Replies: 3
    Last Post: 05-31-2016, 11:16 AM
  5. Workers Compensation Issues: Getting Compensation Beyond Workers Compensation
    By DAdatdude in forum Worker's Compensation
    Replies: 3
    Last Post: 01-04-2011, 10:39 PM
 
 
Sponsored Links

Legal Help, Information and Resources