Unemployed ?'s help please

[wantingagirl2b#4]

I just learned today my husbands boss told him that he thinks they need to go their seperate ways. So he in turn asked his boss are you firing me and he told him call it what he wanted. He was originally hired for 8-5 commission work but since we have opened up our own business and he has been working there hence because he has been bringing home $200-$300 a week and a family of seven CAN NOT live on that. That was a big cut from previous checks but work has feel out and has not been there as he would call and check in to see and would go if the work was there. We of course made ends meet and still work at his job and not have to quit. I wonder before filing if we should put he resigns due to a work situation that could not be resolved or should we say he was fired? I know he will then put it based on his conduct NOT showing up for work, because my husband told him the work has not been there and he said yes you just wouldn't come to work! And he wouldn't for one Job not worth the travel time and gas he always did it the next morning or let the other commission guy do it. What are other opions in order to hopefully collect hence the boss has NEVER PAID A CLAIM!!!!! erggg

[4evermom]

Oh that sucks! My understanding is if he says he resigns then you will not get unemployment. If he says he was fired (or laid off due to lack of work), the claim will get processed based on a percentage of whatever income he was getting from the job in the last quarter year (or something like that). His boss will get a notice of the claim. I think if the boss does nothing, it will go through. If he bothers to fill out something saying dh was fired for not showing up, it will get denied. And then you can try appealing...

ETA I just wanted to add that my dh did get an awards letter once so I thought we were all set and the unemployment had gone through (it was an ambiguous situation of quitting/firing). Then it got revoked because his employer contested the claim. So don't breathe easy too fast if you get an awards letter...

[cschick]

This was one reason I stuck around a steadily-getting-more-horrid job years ago until they officially laid me off.

[lmonter]

Originally Posted by 4evermom

My understanding is if he says he resigns then you will not get unemployment. If he says he was fired (or laid off due to lack of work), the claim will get processed based on a percentage of whatever income he was getting from the job in the last quarter year (or something like that). His boss will get a notice of the claim. I think if the boss does nothing, it will go through. If he bothers to fill out something saying dh was fired for not showing up, it will get denied. And then you can try appealing...

Yes. If willingly (resignation), you're on your own.
If involuntarily, worth a shot.

Hubby was laid off, officially, complete with paperwork stating as such. Easy peasy, unemployment claim went through just fine.

My sister however, was told she was laid off, employer said they fired her, they took away any of her access to her email account so she could back up her claims, etc. It was a messy month or three with a handful of appeals if I remember right. With zero income in the meantime.

So my moral of the story is get everything in writing. Everything.

Also keep in mind unemployment is *not* a lot of money (our monthly total for unemployment was about 1/4-1/3 of hubby's salary), is also a sliding scale depending on what your former income was, and is lowered depending on if you make any supplemental money via part-time job[s] each week. The total maximum of unemployment benefits for my state is a whopping $264/week. We weren't at the max since hubby didn't make over 6 figures or anything. So that's my experience with it this year. Whether I wanted it or not.

[TCMoulton]

Chances are if your husband decides to file for unemployment his former boss will contest it. A coworker of my husband's was fired for justifiable reasons (attendance, behavoir on the job, etc) - the boss contested his claim and he was denied unemployment based on evidence and testimony provided by his former boss.

Bottom line - I would not count on this money until you actually have the check in hand, especially if your husband was missing work frequently before they parted ways (even if it was justified) Good luck!

[cristeen]

Do not resign. And he should try to get his "firing" or separation or whatever in writing from the boss, as that will strengthen his claim.

I've been through a contested claim and it sucked... I asked my boss for a raise and when she said no, I said that I'd have to rethink the position, and she told me to pack my stuff and go right then. When I claimed UI, she contested claiming I had quit. And I had been dumb enough to give them an official letter of resignation, per their request - not knowing any better. So I was screwed.