Open Forum → Question about unemployment

I'm asking this for my cousin who doesn't know how to proceed.

He has been working as a security for 1.5 years. The other day he was sent home and was told they would call him when they have a place for him to go. My cousin tells me that when they want to fire you that's what they do, they send you home telling you to wait to be called and then they never call you. It happened to a friend of his who ended up finding work at another security company.

How does one interpret this scenario? When does he consider himself out of a job? Because I guess technically they haven't fired him, just sent home waiting to be called which will never happen.

This is hear-say at the job, but last guy they did this to, when the guy went to collect unemployment after 2 weeks or so the company said he didn't go to work for 2 weeks which in reality what happened was he was sent home like I explained.

What should my cousin do? He asked me for help but here I am since im clueless in regards to this. He wants to be able to collect unemployment while he finds another job.

Thanks.

Not sure where you're located so laws will vary, but if they are planning to not hire him and he believes this, I'd call the company and ask them outright, then give them a deadline on whether they need to file a paper that releases you/fires lets you go whatever they want to do at this time however keeping you hanging with no hope of work is not right.

To me he was laid off and is eligible for unemployment benefits. Tell him to file the day he leaves or the next day. If he denied for the reason of the other person go back and talk to them again.

If he wants to keep working for the company, I would tell him to keep calling the office (HR) everyday. Is this a large security company or a small one? I ask because large ones will have more places to find a spot for him. A small company might only have a few contracts.

However, why was he sent home? What is he willing to work (hours/days) as that can have an impact. In another life, if we removed someone from a site, we would usually offer the person other positions, however if they could not agree to a position it often ended up being a termination for refusing work. On an unemployment claim, the company could then tell the judge that work was offered and refused. Each state may have differing labor laws so he may want to contact the local labor/employment comission.

He should talk to somebody at the unemployment office and ask the question about when he is eligible to file for unemployment given his circumstances. If it was me, I would call my employer everyday and ask about an assignment and keep a record of it. I would ask my employer to keep a record of my calls and that I was asking for an assignment on those calls. The employer may not keep a record of those calls but trying to document the situation may help in getting unemployment benefits.

Get some sort of statement/explanation in writing from his employer.

He should also check his Social Security statement the next time he gets one in the mail. A company that acts like that may not be reporting all his income to the Feds.

Was this a contract gig? There's a world of difference from an unemployment perspective for an on-call, contract-type job than a full-time job, obviously.

I am with the call HR and ask for a definitive answer.

I've had this happen before when working construction. The employers do this to avoid having to pay. They hope you just 'go away', essentially quitting, thereby absolving them...they didn't lay you off, you quit.

Generally, the rule is that you are eligible to file if you normal work hours fall below what you were working.

I'd suggest taking all the paystubs and go to unemployment. Show them the stubs and have them contact the employer to make a determination.

Laws vary by state but your cousin should arrive for work every day and if possible clock in even if it's just to be sent home, or at least call daily and keep a record of the call (such as a phone bill), who he spoke with, and what was discussed.

The reason why it's important to do this is because many employers have "job abandonment" policies. These policies are legal and what they basically mean is that you are presumed to have quit your job if you do not show up for a given period of time and do not call with a reason why you won't be in (such as calling in sick or giving notice that you quit). The usual time frame is three scheduled work days or three business days, whichever applies. Being a security position, weekends/holidays probably count as "business days".

Your cousin's employer said to wait for a call but they are probably setting him up for a job abandonment discharge to evade unemployment. They will deny telling him to stay home and claim he left and never came back. It's a sleazy tactic that is difficult for a fired employee to prove.

Once a pay period passes and he is not paid, he should presume he is laid off and file for unemployment (this is kind of like reverse job abandonment...as in the employer abandoned him). His phone call records are evidence that he did not de facto quit simply by not arriving for work with no explanation.

mocycler is a corporate counsel attorney and (by most accounts) a decent guy

If he works security and doesn't have an assigned post, he doesn't have anywhere to clock in at.
I would go with the call every day idea though.

SOME places are tricky about this, if you don't call for three days it is considered a "quit", so don't believe the we'll call you stuff.

After about a week of the daily calls, file unemployment, the company will have to give an answer as to the situation when Unemployment contacts them.

He needs to check his states guidelines for UE.... that simple. If he's not making a certain amount (something like $xx/week) then he can collect unemployment. UE is specific as to what meets their requirements and this should be posted on their website.

If he's making less then something like that $xx then he files. If he earns more then that amount during a week, he claims it and his weekly claim is reduced by that amount.

The deciding factor is the amount of money or hours you are working in a week.

Don't call the companies HR dept for info on UE. They don't have the employees interest in mind.

When he fills out the claim he is given the chance to write down what happened. A EU person will then ask the employer to submit their info. If there is a dispute then the agent will usually call the person filing a claim for more info. If the claim is denied, the person filing the claim can appeal.

If a company sends people home, tells them to site tight until the are called and then never call... it's time to look for a job with a _real_ employer.