EE issue

MsLady · March 2003

I had an EE who requested 3 weeks off for personal reasons(she is looking for daycare). She has been working for us for about 3 months. I rejected her request and told her supervisor that if she had any vacation days, she may use them for this purpose if it is approved my management. I got a letter today from the EE that goes as follows:

"As I told you that day I will give you my 2 week notice upon my return to work. However, I am writing you this letter to inform you that I will not be returning to (company) because of the personal reasons that I told you about. When I get my personal matters taken care of I will give you and/or HR a call to let you know when I can come back to work. If for any reason (company) does not want to come back to work I would like to take the time and thank (company) for the opportunity to work for them. Enclosed you will find my badge and keys to (company)"

I feel like I am about to be set up for a UE claim...insight please! As always Thank you for all of your assistance.

Kari Swenson

MsLady · March 2003

Could I say this was job abandonment?

Down_the_Middle · March 2003

Your particular state u/comp rules will determine your liability for comp benefits, but I question how much liability you'll have. Many states require that the employee work a minimum # of weeks or earn minimum $'s to establish eligibility and this person may not have satisfied either. Assuming he/she has, the next question is whether this is a voluntary resig or a discharge. Seems to me it's the former (and w/o good cause attributable to the employer)----your state likely has this type of language. I personally wouldn't lose any sleep over this scenario. The chances of you being charged with some u/comp benefits seem quite low to me. check out your state reg's to feel more comfortable with your potential liability.

Parabeagle · March 2003

I don't see where you're facing any real exposure. Worked only a short period of time, voluntary quit while work was still available, I'm guessing that her UI claim would be denied.

Whatever · March 2003

[font size="1" color="#FF0000"]LAST EDITED ON 03-18-03 AT 02:10PM (CST)[/font][p]In NY & NJ, the ee must be available to work in order to collect. Since she is not able to work due to personal issues, she would not be able to collect. When we have a similar situation, we not only deny the request, but advise the employee that when they are ready to return they can apply for a job and if there is a opening, they will be hired as new employees. Our company rules do not allow for a three week leave of absence after three months of employment.

Don D · March 2003

I've handled telephone appeals in 48 states and can't think of any that would rule her eligible. All you need to do is attach a copy of her letter to the response you send back to the claims office or show up with it at the hearing. As another poster indicated, in all likelyhood you would not be a 'chargeable employer' in any event.

MsLady · March 2003

Thank you all! You have made me feel much better!

E Wart · March 2003

E Wart
Sounds to me as if you have a resignation/self termination. You may want to write her back to just confirm any benefits (if she has any, does she owe for any insurance, etc.) and let her know that you accept her resignation as of whatever date. (such as last day actively at work.) This is a nice way to let her know that you aren't holding her job open, without putting it in words. I can't see how any any hearing officer would grant her unemployment for the several reasons mentioned before (not looking for work, she took the action to leave for her personal reasons, etc.) I wouldn't get into the statement about her saying she was going to give 2 weeks notice upon her return and that you didn't even grant her the time off to begin with. What difference does this make at this point. Sounds like she isn't ready to go to work full time (hasn't thought through child care situation) and may be needs additional time before she can make someone a good employee.

EE issue

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