Just need an opinion on something.....

[starting over]

What is the name of your state (only U.S. law)? Kentucky

My 18 yo son had worked p/t with a trucking company for over a year. The drive became too much so he obtained an new, full time job.

Well, he had been working for this new company for almost a month, he was fencing. They became aware that he had had a broken back by seeing his scar and questioned him (had back surgery when he was 16) and fired him stating that he was a liability.

He was not subject to a physical with this job or ever asked to disclose any surgeries, etc. so therefore, he didn't lie to them about anything. I can on one hand understand this company taking this position, potential w/c claim, but on the other hand it doesnt seem right either. He is perfectly capable of performing the functions of this job. I know that a company can fire you for any reason they deem fit.

I have never filed a unemployment claim or really know anyone that has so I don't know the rules. Since he was there for such a short time, is he eligible? This termination is through no fault of his own, jmo. Can anyone clear this up for me? I am trying to steer him in the right direction, besides just telling him to get another job....what can he do, if anything?What is the name of your state (only U.S. law)?

 

[swalsh411]

His termination was legal but he should file for unemployment immediately. There is no cost and if you don't file you're certain not to get any benefits. If he has enough wages in the base period (from all jobs) he will be financially eligible. Based on what you posted, he should not be disqualified for either quitting or misconduct. The fact that he was only at his last job for a short time is not relevant as long as he is determined to be financially eligible. In short, there is no reason to NOT file.

 

[starting over]

Thank you for the information

 

[starting over]

More guidance please....

Kentucky is the State......
My son took the advice and filed the UIC, he was approved for benefits. The owners were absolutely infuriated that he had filed the claim. They didnt feel he should be entitled to draw due to the short time frame and were pretty angry the claimed caused them to get buried in paperwork from the Investigation. (Sorry, I did find it slightly amusing especially since I saw his application which DID disclose his previous back injury, I was mistaken in my earlier post)

Well, son drew 2 checks and then was contacted by his previous employer. They said they spoke with UI and had cleared him to return back to work. Asked son if he wanted to come back, he said "yes" and agreed to start the following work week. I was concerned he was being setup, but also know that had he turned it down it would have affected his UIC. I believe that was the whole point behind the offer. Im not a controlling parent, but son is 18 and pretty naive and likes to think the best of people and their intentions. He felt they realized the "error of their decision"

Well, he has been back for a week. He says that he is now the "gopher" boy. He does the weedeating and fetching of various items that the others need. I tried to explain to him that work is work, but he is pretty disheartened that this is what they brought him back for. He said the owners wont even look him in the eye and he feels he is being shunned, just for lack of a better term. After speaking to him about this, it seems pretty apparant that they are trying to make the job less than desirable so he will quit on his own.

I took him back to the UI office and he explained the current situation to them. They said that it is not uncommon for this to occur and suggested that he contact the Department of Labor. That's about all they could say besides providing the number. Can anyone suggest anything else? What can he expect the DOL to do? How are these types of things handled? Just looking for insight. Thank you.

 

[cbg]

Quite honestly, I'm not seeing that the DOL can or will do anything. It's not illegal to bring him back in a lesser position under these circumstances.

 

[pattytx]

And honestly, he's 18. What is he qualified to do? You're right, honest work is honest work. Seeing as how they didn't need to bring him back at all he needs to do the best job he can.

 

[CourtClerk]

He needs only to keep this job until he can find another one. Just tell him to keep gophering until something else comes along.

 

[starting over]

And honestly, he's 18. What is he qualified to do? You're right, honest work is honest work. Seeing as how they didn't need to bring him back at all he needs to do the best job he can.

No, I completely agree and that is what I told him. I have more than expressed how fortunate he is to be working AT ALL. He knows that and will do a good job while he continues to look for another Like I said, it is his pride that is hurt, he doesn't understand why they are being this way toward him. He is 18 and legally an adult, but he is so naive and gullable Although its his fight and only his, I am trying to guide him over this "bump" in the road. This is the first of many for him and Momma isnt gonna be handling life for him

The only reason Ive gotten involved by checking potential options is knowing that their only reason for bringing him back was to stop a claim that they didn't feel they should have had to begin with. They are protecting themselves and their company. I also know that they are attempting to minimize any potential risk of injury they "feel" they may have had by minimizing what is expected of him in his job. I really do understand both sides of the coin, if I were the boss I may have made this same business move......Just as this company is trying to protect their own, so am I

Just making sure that all the ducks are lined up nicely just in case (my Momma always taught me to be aware of my options and not be caught off guard) Thank you all for your guidance, it is really appreciated.

 

[starting over]

He needs only to keep this job until he can find another one. Just tell him to keep gophering until something else comes along.

You took the words right out of my mouth

 

[commentator]

Your son should never have agreed to go back to work for the company. Their whole idea is that they would have been on the hook for the unemployment insurance, and so they will get him back in, at a lesser desirability and lesser paying job, and then they will find a newer better reason to terminate him so that he can't get unemployment. Or make the job so frustrating that he quits, or something along those lines.

While he is working, right now, he needs to find another job quickly. Because this one will NOT last, and they will either make it so bad he quits, or find another reason to fire him. He needs to realize this, and being 18 and gullable, he'll up and quit the first time they aren't nice to him, and they'll be tickled to death, and he'll get zero unemployment.

They may have "cleared it" with the unemployment office for him to come back to work, but it would not have stopped his claim if he had refused to do so. Once a company has fired an employee, they cannot force a recall to keep him from drawing benefits, which is exactly what they did in this case. Now, he needs to find another job, quickly before they get rid of him.

 

[starting over]

Your son should never have agreed to go back to work for the company. Their whole idea is that they would have been on the hook for the unemployment insurance, and so they will get him back in, at a lesser desirability and lesser paying job, and then they will find a newer better reason to terminate him so that he can't get unemployment. Or make the job so frustrating that he quits, or something along those lines.

I wholeheartedly agree with this. This is exactly what I am expecting to happen and why Im trying to gain information.....

While he is working, right now, he needs to find another job quickly. Because this one will NOT last, and they will either make it so bad he quits, or find another reason to fire him. He needs to realize this, and being 18 and gullable, he'll up and quit the first time they aren't nice to him, and they'll be tickled to death, and he'll get zero unemployment

Yep, I agree with this as well. Luckily he is not tempermental. He will voice is to me, but will "suck it up" as long as he is working there. I have made him very aware of what I feel their intentions are so he's got a heads up. So, mentally he is prepared....doesn't feel its right, but is expecting it. He is actively seeking alternative employment

They may have "cleared it" with the unemployment office for him to come back to work, but it would not have stopped his claim if he had refused to do so. Once a company has fired an employee, they cannot force a recall to keep him from drawing benefits, which is exactly what they did in this case. Now, he needs to find another job, quickly before they get rid of him.

Now this is I didn't know, if I had I would have encouraged him not to have returned. My gut instinct when they contacted him was "SETUP" but thought if he had turned down the offer, they would have reported back to UI and boom....there goes his benefits. Thought it was a pretty slick move on their behalf, just didn't know he had an option to refuse.....darnit!!

Thank you.

 

[Beth3]

If your son had refused the job offer his employer made, they would have reported that to the State and his UI benefits would have been cut off. As several others have said, the best thing your son can do is to get busy looking for a new job and quit this one when he accepts another offer.

 

[csi7]

And he could appeal that decision, based upon the fact that he was fired by the company to begin with.

 

[commentator]

It's sort of along the same lines of when a leaving husband or wife discovers that yes, they really are going to have to pay this much, and yes, they really are going to have to divide the bills and yes, they really can get this much out of me, after they've talked to an attorney,and seen that yes, this really can happen, the next thing they'll try to do is reconcile, make up, want to come back, re-wed, unseparate, and the whole purpose of the exercise is to get away from the other spouse later when they've got a more favorable situation for them.

Employers think of this one right away when it looks like the claim is going to be approved. It's tried all the time, but if your son had called and asked for general information, "If I was fired, and I'm filing a claim against my employer, and they call me back to work, do I have to go or my claim will be stopped?" and they'd have probably told him what the law is about this.

 

[swalsh411]

and then they will find a newer better reason to terminate him so that he can't get unemployment. Or make the job so frustrating that he quits, or something along those lines.

Short of outright lying to the UI examiner (which could be refuted by the claimant) what could an employer do to end the employment of an honest employee in such a way as to prevent them from collecting unemployment?

The guy is working right now although not doing what he wants to do. Lots of people are in this position because they need income. He should continue to do so until something better comes along.

I understand if you are laid off and "recalled" then you are supposed to return to work but does it work differently if you are fired for cause?