Former Employee Found to be Eligible for Unemployment... HUH?

I have a former employee who came to me to let me know they had accepted employment elsewhere. I requested of them if possible could they stay on until a replacement was found to which she stated they could & would. Within the week I had found a replacement from within our firm of a PT employee. On the next shift of the employee who was leaving for other employment, this was made know to them, they completed an exit interview citing the new employment as reason for leaving and they were thanked for their service and notified that the employee who accepted the opening would be starting immediately. In the exit interview they gave glowing reviews of their term of service here citing no issues at all in fact they loved it here just recieved a better offer from a former employer. A couple of weeks later, I received notification of the request for unemployment. With my protest I included all information of separation inclusive of the exit interview in their own had citing their leaving my employ as accepted employment elsewhere including the new employer they had taken a position with. 

DSE determined the claimant was separated for reasons attributable to a lack of work because the claimants hours were given to another employee.????  I want to file an appeal but what more can I say or include?? Very Bumfuzzled!




  • 1 Comment sorted by Votes Date Added
  • Every state is different, but i can see where it changed from a voluntary term (her giving notice) to an employer termination (you asking her to stay until you decided you no longer needed her).  So by her agreeing to stay and you finding a replacement while still holding on to her, you might have shot your employer in the foot as it comes to unemployment payments.  In the final analysis, you were the one who made the decision on when she would leave, i.e. to the employer's benefit.  I know that doesn't sound correct, but I suspect that is the state's thinking.  While you protected your employer in one way, by not having an open position, it costs them in another way.   You might consider in the future how much notice you really need becuase it sounds like it only took a few days to replace her.

    I know in my state, the employer can accept the  notice within a 2 week period and not be on the hook for UI benefits.  Anything beyond that, the employee woudl get at least UI benefits (after the 1 week waiting period) until they started the new job.  If they leave the new job thru no fault of their own and we are in the lookback period, she would get benefits but maybe we could appeal it being charged against us.

     That said, if she has new employment, I doubt she will be on unemployment very long.  and if you know where she is going to work, I would suggest passing that information on to the DSE. 

    I wish I had better advice for you.

Sign In or Register to comment.