Termination After Admitting to Felony

[stargazer0725]

What is the name of your state? Texas

I work for a small construction firm in Texas.

We currently have an employee that is in jail for admitting to a serious felony (hasn't been convicted yet). The company is small and cannot continue to keep this person on the payroll pending the outcome of the trial. The worker's spouse is now responsible for supporting 3 children by herself (although she hasn't worked in a number of years). If the company is agreeable, can she file for unemployment benefits on behalf of her husband (or anything similar)?

 

[cbg]

I don't know Texas unemployment law, but I'm not aware of any state that will allow a wife to file for unemployment benefits based on her husband's being out of work (or vice versa).

What are you trying to accomplish? Are you looking for a way to help the spouse or are you looking to disassociate yourself from the employee? I might be of more assistance if I knew what you were trying to do.

 

[cbg]

Okay, I read your post again and I see that you are looking to help.

I don't believe that your agreement will allow her to claim unemployment benefits; either she's eligible or she isn't, according to state law. (By all means check with TX Unemployment to see if there is anything in their regs that will help her, but I doubt it.) I understand that you cannot afford to keep this person on the payroll; do you have any part-time work for which you can hire the spouse to do at minimum wage or a low salary? Can you afford to cut the employee to half-pay until the outcome of the trial is determined? Does the employee have any vacation time that could be paid out?

 

[yoyoma]

One of the requirements for unemployment is you have to be willing able and available for work.

Being in jail is not being available. so the claim will be denied.

BUT once he gets out of jail he would be able to collect if you gave him a layoff notice .