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Qualifying for unemployment benefits when being fired

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DDK23

Junior Member
Michigan: My husband was on unemployment (1 month) when he started his new job. The first day on the job he was told that there was going to be a company "Christmas" party in 1 month. The had planned to travel to Chicago. However the weekend it was planned we had already made plans with his family (his parent’s anniversary). So he declined the invitation. However now it is a week away and his boss has told him attendance was mandatory (they are referring to the weekend as a "retreat" as well). It was made clear to my husband and another employee that if they did not change plans, they would be fired. This retreat/Christmas party would require my husband to be away for the weekend. Also there would be "free" time on Saturday, but anything done during that time (meals etc) would not be paid for by the company. My husband liked the company during the interview because of the stated “family friendly” atmosphere they supposedly maintained. However they are making him choose between his job and his family.
The company itself has already shown itself to be rather bad at management (no employee manual, no stated holidays, canceling holiday pay two days before the holiday...etc).
My husband does not necessarily care if he is fired or not since the company does not appear to have good management or employee morale. However would he still qualify for unemployment benefits?
 


Beth3

Senior Member
Only a UC adjudicator in your State can tell you for certain. Personally, I think it's too close to call. The answer depends on whether your husband's refusal to attend the party and retreat constitutes a "willful disregard of the company's best interests." Since your husband knows the penalty if he fails to attend, on the whole I suspect it's doubtful.
 

DDK23

Junior Member
Thanks, one more thing

That is what we were thinking. The only other thing I have to add to his "case" is that he was not hired as a "permanent" employee. What they offered him was "part-time/contract" work. However on his first day, he was told they had more work for him and it would be 40 hours. When he received his first check it stated "salary". However he never received an offer letter stating the terms of his employment. So the only other argument he could add is that he was under the impression his employment was more of a contract position and should not be required to attend mandatory weekend retreats/parties. I understand we can't get a definite answer, but would this help the case at all?
 

cbg

I'm a Northern Girl
Even a contract worker can be required to attend mandatory functions. I'm one and I attended one yesterday.
 

Beth3

Senior Member
And if your husband actually were a contractor, he wouldn't be an employee he'd be a self-employed vendor and the company would not be paying UC taxes on him.

He does not want to make the argument to the UC division that he was a contractor - that would rule him out for benefits entirely.
 

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