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  #1  
Old 03-10-2014, 12:24 PM
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Default If You Have Staff: Unemployment Question

I think I need to fire my current assistant. She is not performing well, has not shown up to a CPR class 3 times that I keep scheduling her for. She has called out "sick" 3 times in the past month. She's been working here since Feb. 1.

My question is about unemployment. If I fire her, am I responsible for her unemployment, assuming she files? I have paid her less than $1500, which is the cut off for me to have to have unemployment insurance. I am not finding much information on the Virginia unemployment site, I do have a call in to them.

My attorneys asking $200 to answer and research this for me, so if any of you know, or can point me in the right direction, that would be excellent.
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Old 03-10-2014, 12:30 PM
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I don't know if I can technically say this, so I will and y'all can delete it if I can't, but I would reduce her hours. Majorly. I would reduce them while I am training someone new to fill in her place. If she needs more hours than 2 a week or something small then she will leave voluntarily.
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Old 03-10-2014, 12:32 PM
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Originally Posted by MCC View Post
I think I need to fire my current assistant. She is not performing well, has not shown up to a CPR class 3 times that I keep scheduling her for. She has called out "sick" 3 times in the past month. She's been working here since Feb. 1.

My question is about unemployment. If I fire her, am I responsible for her unemployment, assuming she files? I have paid her less than $1500, which is the cut off for me to have to have unemployment insurance. I am not finding much information on the Virginia unemployment site, I do have a call in to them.

My attorneys asking $200 to answer and research this for me, so if any of you know, or can point me in the right direction, that would be excellent.
I don't know about your state specifically but in my state if an employee gets fired for failure to take the required trainings for employment, then they are not eligible for unemployment compensation.

Maybe call your local unemployment or work force office and ask them.
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Old 03-10-2014, 12:35 PM
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Originally Posted by EntropyControlSpecialist View Post
I don't know if I can technically say this, so I will and y'all can delete it if I can't, but I would reduce her hours. Majorly. I would reduce them while I am training someone new to fill in her place. If she needs more hours than 2 a week or something small then she will leave voluntarily.
This is what I am thinking about doing, also not sure if it's legal though.
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Old 03-10-2014, 12:35 PM
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I found this list on your area's site for unemployment benefits

You may be disqualified from receiving benefits for any of the following reasons:

•Voluntary leaving your last 30 day employer without good cause connected with the work
•Being discharged by your last 30 day employer for gross misconduct
•Being discharged by your last employer for other than gross misconduct
•Refusing to apply for, or accept, suitable work without good cause
•Participating in a labor dispute other than a lockout
•Not able to work, not available for work
•Failing to report as directed
•Not authorized to work if a non-citizen
•Having a reasonable assurance of continuing employment if a school employee

http://www.does.ci.washington.dc.us/...2,q,537869.asp
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Old 03-10-2014, 12:36 PM
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I don't know about your state specifically but in my state if an employee gets fired for failure to take the required trainings for employment, then they are not eligible for unemployment compensation.

Maybe call your local unemployment or work force office and ask them.
Thanks, I do have a call into them, so hopefully that will get back to me soon.
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Old 03-10-2014, 12:38 PM
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Originally Posted by Blackcat31 View Post
I found this list on your area's site for unemployment benefits

You may be disqualified from receiving benefits for any of the following reasons:

•Voluntary leaving your last 30 day employer without good cause connected with the work
•Being discharged by your last 30 day employer for gross misconduct
•Being discharged by your last employer for other than gross misconduct
•Refusing to apply for, or accept, suitable work without good cause
•Participating in a labor dispute other than a lockout
•Not able to work, not available for work
•Failing to report as directed
•Not authorized to work if a non-citizen
•Having a reasonable assurance of continuing employment if a school employee

http://www.does.ci.washington.dc.us/...2,q,537869.asp
I would ASSUME that she qualifies as "Not able to work" since she does not have the proper training, right?
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Old 03-10-2014, 12:39 PM
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Originally Posted by EntropyControlSpecialist View Post
I would ASSUME that she qualifies as "Not able to work" since she does not have the proper training, right?
That was my thought too.

Plus the not performing well.
That would be grounds for termination I would think.
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Old 03-10-2014, 12:41 PM
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Failure to report as directed.
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  #10  
Old 03-10-2014, 12:41 PM
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Originally Posted by EntropyControlSpecialist View Post
I would ASSUME that she qualifies as "Not able to work" since she does not have the proper training, right?
Also- She has refused to come in two days that there was less than an inch of snow on the ground. That is also "not able to work" no?

That list is from DC, I'm actually in VA, I'm going to try to find a similar list for VA, but the site is complicated.
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Old 03-10-2014, 12:46 PM
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Also- She has refused to come in two days that there was less than an inch of snow on the ground. That is also "not able to work" no?

That list is from DC, I'm actually in VA, I'm going to try to find a similar list for VA, but the site is complicated.
This is what it says for VA

Separation qualification

—Even though you may have enough earnings to qualify, there are circumstances that may prevent you from receiving unemployment benefits. If you are separated for any reason other than lack of work, it will be necessary to gather facts from you and your employer concerning your separation. Your employer will be sent a questionnaire requesting information concerning your employment and separation. You will be called by a VEC deputy and be given an opportunity to present your information and review that of your employer. The deputy will make a determination regarding your qualification based on the separation information presented. You will be disqualified if the deputy determines that you quit your job without good cause, or you were fired from your job for misconduct in connection with your work. You and your employer have the right to appeal the deputy’s determination if either of you disagrees with the results.

From the underlined statement above, I would NOT cut her hours.

I would simply term her for failure to report AND lack of qualifications.

Sounds to me like you gave her ample time to get her certifications in and she failed to do that, therefore, she does NOT qualify as being able to work for you.
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  #12  
Old 03-10-2014, 12:46 PM
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http://www.vec.virginia.gov/unemploy...sponsibilities

This is the page I'm looking at, it's very grey...
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  #13  
Old 03-10-2014, 01:00 PM
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Is the CPR required by the state ? has hers expired ? start by telling her she will not be on the schedule until she completes the CPR training. You have not fired her. Then if she does it say in a week I would still reduce her hours until she quit.
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  #14  
Old 03-10-2014, 01:12 PM
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Originally Posted by Blackcat31 View Post
This is what it says for VA

Separation qualification

—Even though you may have enough earnings to qualify, there are circumstances that may prevent you from receiving unemployment benefits. If you are separated for any reason other than lack of work, it will be necessary to gather facts from you and your employer concerning your separation. Your employer will be sent a questionnaire requesting information concerning your employment and separation. You will be called by a VEC deputy and be given an opportunity to present your information and review that of your employer. The deputy will make a determination regarding your qualification based on the separation information presented. You will be disqualified if the deputy determines that you quit your job without good cause, or you were fired from your job for misconduct in connection with your work. You and your employer have the right to appeal the deputy’s determination if either of you disagrees with the results.

From the underlined statement above, I would NOT cut her hours.

I would simply term her for failure to report AND lack of qualifications.

Sounds to me like you gave her ample time to get her certifications in and she failed to do that, therefore, she does NOT qualify as being able to work for you.
Quote:
Originally Posted by MCC View Post
http://www.vec.virginia.gov/unemploy...sponsibilities

This is the page I'm looking at, it's very grey...
That is the page I quoted the above statement from.

I think firing her for refusing to come to work AND not completing the required trainings is about as close to employee misconduct as you can get.

I mean WHO refuses to come to work when your boss tells you too...kwim?
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Old 03-10-2014, 02:14 PM
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I will say that if you fire her for failure to do her job, typically you won't be responsible for the unemployment charge. And the way unemployment works is they will file, you will get a letter stating the wages you paid her and that you will be charged for her claim UNLESS you respond to the letter stating as to why you shouldn't be (and there is a list of reasons on the form). But also know that if she does qualify, you don't actually pay her benefits. What it will do is raise your unemployment tax rate for the following year. In the past I had one employee who pretty much walked out after not being able to perform her job and I was not found responsible for her unemployment. Another one went out on extended maternity leave and there was no way I could "hold" her position for the 4 months she was going to be out so I had to replace her. I was found responsible for her unemployment.
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Old 03-10-2014, 05:34 PM
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Originally Posted by snbauser View Post
I will say that if you fire her for failure to do her job, typically you won't be responsible for the unemployment charge. And the way unemployment works is they will file, you will get a letter stating the wages you paid her and that you will be charged for her claim UNLESS you respond to the letter stating as to why you shouldn't be (and there is a list of reasons on the form). But also know that if she does qualify, you don't actually pay her benefits. What it will do is raise your unemployment tax rate for the following year. In the past I had one employee who pretty much walked out after not being able to perform her job and I was not found responsible for her unemployment. Another one went out on extended maternity leave and there was no way I could "hold" her position for the 4 months she was going to be out so I had to replace her. I was found responsible for her unemployment.

Thank you, that is very helpful information.
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Old 03-10-2014, 05:36 PM
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Originally Posted by Blackcat31 View Post
That is the page I quoted the above statement from.

I think firing her for refusing to come to work AND not completing the required trainings is about as close to employee misconduct as you can get.

I mean WHO refuses to come to work when your boss tells you too...kwim?
Thank you.

To answer the bolded, I'm not sure. She keeps complaining she's not making enough money, but then she calls in sick/doesn't come in when it snows, and is continuously asking me if any kids called out so she doesn't have to come in...This lady is in her 30s too, this isn't a 18 yo.
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Old 03-10-2014, 05:55 PM
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I know that laws change from state to state, but I had to fire one of my employees for not showing up on time to work. In this line of work, it is not acceptable and causes safety issues due to lack of being within capacity as well as breaking laws.

She was hired on October 7 2013 and was with me for 3 weeks. She was on time maybe 3 days out of 15. I gave her more than enough chances to fix the matter.

Keep good documentation of your records if you have not already.

The next time she calls in, log it and write her up and have her sign it. DO it for each infraction. Make sure she signs it and you give her a copy.

Once you have enough, then you have proof of misconduct, failure to report for duties and etc.

I would not fire her unless you have proof that she has been late, called off etc and it has been in access that is not acceptable.

Once you have that,. fire her
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Old 03-10-2014, 05:58 PM
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also wanted to ask do you have an employee HB? I do and I was able to use that against her as well. It clearly states that after 3 times that you arrive late in a 6 month period, you will be terminated.

She signed my EHB,. and broke may of the rules in it. Every time she did, I wrote her up and did as I stated above.
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Old 03-11-2014, 08:12 AM
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All I suggest is document EVERYTHING and have her sign your write ups, warnings and documentations.

The state brags that they are on the employers side but I disagree.

I had an employee refuse a random drug test and never returned to work and the state paid her unemployment!
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  #21  
Old 03-11-2014, 10:44 AM
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also wanted to ask do you have an employee HB? I do and I was able to use that against her as well. It clearly states that after 3 times that you arrive late in a 6 month period, you will be terminated.

She signed my EHB,. and broke may of the rules in it. Every time she did, I wrote her up and did as I stated above.
I do have an employee handbook, and she has signed it.

Thank you for your time and advice!
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Old 03-11-2014, 10:48 AM
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Originally Posted by itlw8 View Post
Is the CPR required by the state ? has hers expired ? start by telling her she will not be on the schedule until she completes the CPR training. You have not fired her. Then if she does it say in a week I would still reduce her hours until she quit.
The CPR certification is required for me to leave her alone with the kids. Part of my program is taking the older kids on field trips, and I can not do that without her getting the cert. I also am not aloud to leave her in the house while I go out with the kids, so we currently have to all go outside together, which is problematic for our schedule. I have 4 babies under 1, so we have to work around naps, but if she would get the cert, I could just leave her inside/have her bring the olders outside, and it would be much easier.
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