Unemployment question

hml in HR · June 2005

Hi all,

I work at a ski area, so most of our employees are seasonal only. However, we often use some extra folks suring the summer for various events. Yesterday, the Director of Food Services came in to tell me her recent predicament. She had offered a summer position to someone who had accepted and was scheduled to begin June 13. Yesterday, June 20, she called to say she had reconsidered and no longer wanted the job. Here's my dilemma: I know this person applied for unemployment at the end of ski season. Is it ethical for me to now contact the DOL and explain that she turned down employment, thus discontinuing her benefits?

Thanks for any help you can give.

System · June 2005

I don't know how it works in your state. Here (and because we're a public entity) we get a bill for benefits paid to an unemployed person. If I scanned the bill and saw a name show up of someone whom I've offered a job to, I'd certainly call.

hml in HR · June 2005

Well, we're a small company and everyone knows each other, which is my main stumbling block. I don't agree with someone receiving benefits for which they are not qualified, but I also don't want this person feeling attacked or angry with me/the company. This is probably just the age-old HR dilemma of realizing I'll always be the bad guy, until I'm handing out bonuses (which only seems to buy me a few days' grace).

Thanks, though!

lorrie · June 2005

I would make the call also, regardless of the personal issues. As an HR professional, I have the obligation to keep my company's unemployment and other costs as low as possible. I always want to be fair to the employees - but fair is a 2-way street. Unemployment is intended to help in cases of unintentional unemployment, not to guarantee some kind of vacation pay. If the person is not able and willing to accept employment - they should not get unemployment pay.

LivindonSouth · June 2005

The total employer community, nationwide, the supporters of the UI system who pay the taxes owe it to ourselves to police it wherever and whenever we can. It is encumbent on each of us to notify UI when we know the system is being defruaded or we suspect it might be. I would also notify the UI Tax rep if I knew of an employer operating a business without paying UI taxes.

POPEYE · June 2005

Ditto to making the call. However, have you considered that this individual may have found a better paying job for the summer? Just a thought!

hml in HR · June 2005

In this town, if someone's found a paying summer job, they try to keep it under the table. How can you inform the DOL of that?

marc · June 2005

The person on UI is cheating the system, but you feel guilty about it. Would you also remain silent if you observed them shoplifting or dining and dashing?

Those are obviously different scenarios because it is unlikely you would be working for the companies that were the victims. But in your case, you are in charge of HR for the Taos Ski company, so if not you, who?

Why is doing your job being the bad guy. If the person busts you about it, simply point out that they were the ones cheating the system, you just were righting a wrong.

hml in HR · June 2005

Thank you for the reinforcement, Marc. I do want to help people stay legal, but I also know I'm simply in for an earfull the next time I bump into certain folks at the neighborhood bar. Don't kill the messenger, though. One problem is that "firma", or signing for unemployment benefits all summer is almost a tradition here in Northern NM. I just get to be the one to stand up and say no more.

Lisa TBM · June 2005

Hello, I am a new member of this forum, (however I must confess I have been "lurking" for a while reading a lot of these posts.) I am the Director of HR for a NYS based PEO. I cannot tell you how many times I have used some of the information I have read here, I joined so I can participate in these conversations and "give back" if you will...

In NY ( I am not sure what state you are in) an employee must be unemployed through no fault of their own and must be ready, willing, and able to work in order to qualify for benefits.. refusal of work is also disqualifying. Don;t feel bad about reporting the ee to the dol, feel good about controlling your UI costs!

pork1 · June 2005

HML in HR: Welcome to the forum. you have some good guidance above.

PORK

System · June 2005

"I also don't want this person feeling attacked or angry with me/the company. This is probably just the age-old HR dilemma of realizing I'll always be the bad guy, until I'm handing out bonuses"

Don't let the fear of that happening cause you not to do the right thing. They are the one guilty of wrongdoing, not you. Don't allow that person to put you on the defense for doing the right thing. Simply say that.

E Wart · June 2005

Don't feel bad about this... feel it is your duty. You mention is it ethical for you to contact DOL... my question is it ethical for this person to collect unemployment when they have an opportunity for employment.
Many times (at least in some of the states I work with) the DOL eventually catches this through Social Security deposits (I think)... however, this is often after the fact and it is difficult if not impossible for them to get the money back, not to mention the time and money spent by the government to try to get it back.
Did they begin on June 13th or did they wait a week to call...?? I would definitely call or write the DOL and just say that you offered this person a full time position, they accepted and then called and turned it down. You just thought they might want to be aware that they had this opportunity in case they are collecting any type of unemployment.

E Wart

Unemployment question

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