Unemployment-He quit, got a new job, and was laid off-now we owe!

jerzal

Any help would be appreciated. This is my first experience with this.

We had an EE with us until Nov 2002. He quit to take a job that he thought would be more secure (he told me this). However he was laid off from his new ER in January.

Before he was laid off, we gave him a temporary part time job because we were really busy & needed the help. Then he was officially laid off from his other ER. Of course there came a time when we didn't need him anymore, and he signed up for umemployment.

In PA. they go back to the base year and if you are a base year ER, you are going to be charged for the benefits unless you file an appeal. So there is our company and another company (the company he quit to come work for us) that are responsible for his benefits. We are going to appeal because we feel that we should not be charged because we didn't lay him off in the first place. He did not resign for any reason related to work, and if he had not resigned from us, he wouldn't have to sign up. I certainly think he is entitled to the benefits, I just don't think it should come from us!

I am wondering if we have any chance of winning our appeal.

cthr

It depends on your state law. Some states require that if you leave an er for no cause attributable to the employler, you must earn 10x your eligibility before you can collect. You can try appealing, but my experience has been if they left for other employment and then get laid off from the new employer, they are usually able to collect.

Brad Forrister

My guess is the EE will be able to collect, but you may be able to keep the charges from going on your account. You're in the posture of an employer from whom the employee left "without good cause attributable to the employment" - i.e., voluntary resignation to take another job.

But your situation is complicated by the subsequent part-time work, from which, in essence, the employee was laid off. In fact, it sounds like you were the most recent employer - that he continued working for you part-time after the other employer laid him off. I don't know how that will affect your case. May be worth filing the appeal, though.

Here's some helpful info from your state's site:
[url]http://www.dli.state.pa.us/landi/cwp/view.asp?a=137&q=197179[/url]

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

Don D

Typically it's only the last job that enters the test by the Claims Examiner. If you are a base period employer, in most states, you will be affected on a pro-rata basis depending on wages paid and quarters employed with you. The appeals process doesn't typically decide the chargeability of accounts, only the eligibility to draw benefits, but, your state could be different. We have an 8X formula in Mississippi where a claimant has to return to work and draw eight times what would be his weekly benefit amount in order to qualify. That's in cases where he is not eligible but can become eligible later. I often get charge notices on people who have not worked here in 6 to 11 months. It's typically because they left here (for whatever reason, even maybe quit) found other work and 'managed' to get themselves laid off somewhere.....and we are in the base period. Don't fret over it. There's likely nothing you will be able to do about it anyway.

jerzal

thanks everyone for your replies.
It seems we would have a hard time fighting it.
Thanks!
Jenn