Unemployment Benefits

[James L. Turner]

What is the name of your state?N.C. My son worked for a small photography business for about a year. He was the only employee other than the owner and his wife. He was hired upon graduating photography school. Recently he was told by the owner that he could no longer afford to pay him as business was a little slow , even though he just purchased a $10,000 camera. He also said his accountant had advised him with this expense he could no longer afford an employee. He advised my son of this over the telephone. There were no written notices.
My son applied for Unemloyment benefits while looking for a new job. He has received one check. Today the ESC (Employment Security Commission) office called and said that the employer had advised that my son was "fired". Now there is to be some kind of hearing.
I need to know what exactly this means. What would benefit the employer to lie in this case? Why did the ESC pay a benefit and then get this report from employer? Is this an illegal or improper termination? Is there basis for a civil case against this employer? My son is very hurt by this as he has always been praised for the work he was doing. The employer offered this job to my son after he had worked for free as required by his course of study to do an "internship". Thanks for any advice you may have.

 

[cbg]

What would benefit the employer to lie in this case? Because if your son receives UI benefits, his rates may go up.

Why did the ESC pay a benefit and then get this report from employer? We have no way of knowing that. But this is not uncommon for a state to grant benefits on the basis of the initial information, only to later receive information that causes them to question it. As long as it is done within the timeframes allowed by your state, it is legal.

Is this an illegal or improper termination? No. Nothing in your post even remotely meets the standard for an illegal termination.

Is there basis for a civil case against this employer? No. No laws were violated.

BTW, there is absolutely no correlation between the receiving of unemployment benefits and the legality of the termination. Receiving UI does NOT mean that the termination was illegal. The very large majority of people receiving unemployment benefits were legally terminated.

 

[rcf]

PA--appeal whatever decision is given if not in favor of your son and tell your son that if he does collect UI benefits to not take any position until he is sure that it is what he wants because once you receive UI benefits and then take a temporary assignment or take a permant position, you may have to fight once again for the benefits.