Just need an opinion on something.....

[Beth3]

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?

Are you asking of the employee is subsequently fired for misconduct will he be able to again collect UC benefits? Not if he is fired for a reason that meets the standard of willful misconduct under UC statutes and the employer can demonstrate that to the State.

 

[commentator]

Actually, it works quite different. Because laid off and expecting recall isn't the same as fired for cause. It is what we call a "clean separation" issue, where the employer did not dispute the claimant receiving benefits in the first place, with the assumption that if he has work in the future, the employee will agree to return to work for him.

But if the employer is crafty in this particular case, he's got the guy back to work for him. No unemployment claim approved. He'll work this young man all right, once he gets him back in. In other words, he'll ride this person, demean his performances, give no warm fuzzies. He'll insist that the young man do the dirtiest and least desirable jobs. He'll give him poor performance ratings. He'll grade him harshly, speak to him negatively.

And heaven help the young man if he's tardy or absent without a call in. Within a short time, the young man will be so frustrated he'll either walk off the job due to "harrassment" (which will be tough to prove consitutes a "good job related reason to quit" and receive unemployment in these circumstances) or be fired for tardiness or insubordination or absenteeism. These are much more justified reasons for firing in unemployment law.

If you are laid off and the employer recalls you, you have to go or be stopped from receiving unemployment. But if you have been terminated/fired for cause/canned/ whatever the term, the hiring agreement has been severed. Calling the employee back to work in these cases isn't quite legit, and more than likely will not result in stopping benefits if he refuses to go.

Of course, it is possible that the two parties have had a "heart to heart" outside the venue of the unemployment office and the worker has agreed to come back to work. It's probably not a wise move on his part, but it could happen. Nothing says he can't agree to go back and stop the unemployment appeals process at that time.

 

[starting over]

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.

Now, this I can relate too!! I know of someone that has had a reality check with this very issue

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.

Hindsight really is 20/20....honestly never gave this a consideration, I feel completely stupid right now. It would have been the simplest and only required a little common sense (let me beat myself up a bit now) Well, guess thats now a mute point.....shoot!!!

I'll probably be bugging you guys in the very near future, just to make sure I run any scenario that pops up by you. Don't want my preggo brain to screw this up for him again.