how many hrs must employer schedule to avoid paying unemployment

[juntjoo]

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

FL

If an employer can avoid paying unemployment for a terminated employee by avoiding firing them, how many hours do they need to schedule worker, if at all, to keep them from falling into "terminated" status?

 

[Ladyback1]

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

FL

If an employer can avoid paying unemployment for a terminated employee by avoiding firing them, how many hours do they need to schedule worker, if at all, to keep them from falling into "terminated" status?

Most states allow for partial UI to be paid ...meaning if a person normally works 40 hours a week and are cut down to 10 hrs, they can file for unemployment for the 30 hrs. they aren't getting.

 

[OHRoadwarrior]

Even cut hours can allow you to collect. Basically it depends on how many hours you must work to cover the amount you'd receive via UI. Basically, if you earn $10 p hr and work 20 hours, you have covered a UI entitlement of $200 a week and they would drop your claim. If you earned $20 p hr and worked 10, it would have the same effect.

 

[Proserpina]

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

FL

If an employer can avoid paying unemployment for a terminated employee by avoiding firing them, how many hours do they need to schedule worker, if at all, to keep them from falling into "terminated" status?

The employee can be assigned no hours at all and still be classed as employed.

 

[Ladyback1]

The employee can be assigned no hours at all and still be classed as employed.

But that does not preclude the employee from filing for UI benefits.

 

[juntjoo]

so the whole filing for unemployment situation can't be prevented by keeping an employee employed? its just a matter for an employer to keep an employee scheduled as close to the most hours employee has ever been scheduled, provided hours worked overall justify employer concern?


thanks thanks and thanks btw

 

[TinkerBelleLuvr]

For instance, the person can collect $300 in UI. If they make at least that much that week, regardless of the number of hours worked, then they won't get unemployment.

 

[TheGeekess]

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

FL

If an employer can avoid paying unemployment for a terminated employee by avoiding firing them, how many hours do they need to schedule worker, if at all, to keep them from falling into "terminated" status?

See also:
https://forum.freeadvice.com/wage-salary-issues-96/question-about-tip-based-work-601482.html

 

[commentator]

Quote: So the whole filing for unemployment situation can't be prevented by keeping an employee employed? its just a matter for an employer to keep an employee scheduled as close to the most hours employee has ever been scheduled, provided hours worked overall justify employer concern?

That's not the issue. By law, a person can file a claim for unemployment any time, even while working. When a claim is filed, the unemployment system will set up a claim, and you will discover what your weekly benefit amount is. This is important for you to know. There is a difference between filing a claim and receiving unemployment benefits. If the person is verified to be working all the hours that the employer has available to them, and they are not, in gross wages, making more than their maximum weekly benefit amount for a week, then they are legally entitled to some "partial" unemployment benefits, regardless of the number of hours they are being given.

If your maximum claim amount is $275 a week, if your claim would set up for a weekly benefit amount of $275 a week, you must make less, in gross wages, than $275, (or whatever your weekly benefit amount would set up for.) This is figured on a Sunday through Saturday week, regardless of when or how you are paid. So if, during a midnight Sunday through midnight the following Saturday make more than your weekly benefit amount in unemployment insurance, then you will not be qualified for any unemployment benefits for that week.

Since the employer submits quarterly payroll records for each employee, you would vey quickly be caught up if you make an incorrect estimate of this gross pay for the week in your unemployment filings.

Even if you only make one dollar more than this, or one cent more, you are not eligible for any unemployment. If you made less, and you certified for the week, and reported the gross total in earnings for the Sunday through Saturday week, they will make the necessary calculations and pay you a part of your unemployment benefits, reduced appropriately to accommodate your earnings. You take what they pay you, based on your very best estimate of the hours you've worked times your hourly rate of pay.

Partial unemployment claims may be submitted by the individual claimant, or they may actually be submitted by the employer. In either case, the issue is always the gross wages that have been paid during each Sunday through Saturday week. They cannot be "avoided" by the employer, and may be a way to retain employees through a low business period by allowing them more money to live on so they don't scatter and go elsewhere. But since the maximum weekly benefit in Florida is not very high anyhow, ($275) and it is a very unpleasant process to sign up for benefits in FL, that may not be the case.