Unemployment

FunHRBanker

We have an ee who retired 5/31/04 after 47 years and we re-hired on a part-time basis to cover vacations. Management was under the impression this would only last though the end of the year. EE wasn't. We told her last month that we wouldn't be needing her anymore because we are tightening up hours and running on the bare minimum of ees. She was very upset and took over a month to return her keys and such. She filed a UI claim!! Though I can see that it is her right, it doesn't seem fair that she can receive benefits based on full-time wages because she retired. Can anyone help me on this with some case law or experience? I'm just fed up with this woman!

Dasher

In Maryland the benefits are paid based on wages paid in the first four of the last five calendar quarters completed before a claimant files. Check with your Division of Unemployment Insurance and get the basis for your obligations. She probably has very little in the line of wages for the last four quarters.

njjel

She can still receive wages while on social security (if in fact she in on SS). Therefore, she can still receive unemp. if she's entitled to it otherwise.

Crout

Your liability will depend on how your state calculates the benefit. In PA they go back five quarters. I'm not sure why you're shocked she filed a UI claim. You re-hired her, worked her part-time, then downsized her. What would you expect?

FunHRBanker

I'm shocked because she got away with murder (and knew it) while she was here and she enjoyed the "easement" into retiring. When we let her go, she blamed one person and we still have no idea who it is and I feel she's doing this out of spite.

Thanks for all your input though!

Whatever

We all have moments of "anger". However, this should not be one of them. She was paid for doing a job. If she did the job she was paid to do, then she upheld her end of the bargain. If she didn't, she should have been fired for cause. If she is collecting what she is legally entitled to then there is no need to be shocked. Save all this for the person who really deserves it and believe me, there will be some very "deserving" people.

Crout

Being in Employee Relations, I am never surprised when EE's act in their own self-interest. Come to think of it, that pretty much explains most human behavior, including my own.

Don D

Filing a claim for unemployment is not taking a punitive slap at the employer. It's an insurance program and the premiums have been paid by the employer. The insurance policy pays off, assuming appropriate eligibility, in cases where claimants are out of work through no fault of their own. It matters not that she may be drawing some other kind of income. The program doesn't consider other income nor does it have an income cap. I can't see why you are faulting the ex-employee. The only thing I can think of that would make her ineligible is for it to be shown that she is not available for work. She does still have to meet that test.

mbeam

Good advice from Don as in order to collect unemployment it presumes that she is actively searching for a new position elsewhere.

Am curious if the company was glad to see her leave why she was invited back at all? The folks we ask back are those who left on good terms and had an excellent work history while here.

E Wart

Who cares... don't make a big deal of this, it isn't worth it. As others have said, what she COULD receive is so small, it probably won't affect you. However, she has "cooked her goose" and I am sure you will never ask her back. Think of that as your vendication.
Just complete the form and be sure to mention that she was retired and asked to come back and work temporarily and the job ended. To your knowledge she is once again retired and not actively seeking work. She will have to prove she is to get unemployment. If she tells a story, she has to live with it.
E Wart

HRinFL

You may want to check, but most states have clauses that disqualify an ee from gettig UI if they took a pension when they left. However, when you rehired her, that is probably not going to get you "off the hook" for the time she was back part-time. It may negate some of what her benefits would be based on, I would think that her claim would be based on her part-time slary and hours, instead of the full-time. IMHO, she is not eligible for the time after she retired until she was rehired, but is eligible for benefits since she was let go this second time. Hope this helps.