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Layed off/then fired

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B

bini

Guest
What is the name of your state? Kansas

I will try and make this as short as possible.

My husband worked for an oil/gas company. The field was in Kansas and the main office is in California. The week before labor day my husband got a call from the owner informing him that he was laid off for a week. When I found out I asked my dh if he was sure that it was only for a week, because if not I would go ahead and file unemployment. DH informed me that it was only for a week, therefore I did not file any unemployment for him at that time. DH went back to work the Tuesday after labor day. He left our house at 8:00 am and returned at 10:00 informing me that he had been permanetly laid off. When I asked him what happened, he said he did not know, but he was suppose to have received a leter on the issue. Of course as soon as this happened I filed unemployment. A few days later we receive a letter and it stated. "You were put on furlough for one week and were told not to come to the field, you were seen at the field within this time period and you are now terminated". I know for a fact, during this period our septic tank and our water well busted and dh and I were both at home fixing it so he did not even go anywheres near the field.

Now for the long awaited questions.
Can you be fired while you are laid off.
I filed unemployment because of the lay off, so now do I have to call up the state and tell them that he was laid off and then fired while he was still laid off, so I will not get an overpayment charge.

Thanks for any and all help

Bini
 


cbg

I'm a Northern Girl
Yes, you can be fired while you are laid off. Although not necessarily in the same manner as your husband, it happens frequently. A company will lay people off believing it to be temporary; then they find they have to make it permanent. Nothing illegal about it.

I'm not quite sure what you're talking about with reference to an overpayment charge. In my state, the reason for the end of your employment does not affect the amount of your benefit; you're either eligible or you aren't. If you're eligible for whatever reason you get x; if you're not eligible you get zip. But if your state doesn't work the same way, simply call the unemployment office and explain what happened.
 

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