If You Have Staff: Unemployment Question

[MCC]

I think I need to fire my current assistant. She is not performing well, has not shown up to a CPR class 3 times that I keep scheduling her for. She has called out "sick" 3 times in the past month. She's been working here since Feb. 1.

My question is about unemployment. If I fire her, am I responsible for her unemployment, assuming she files? I have paid her less than $1500, which is the cut off for me to have to have unemployment insurance. I am not finding much information on the Virginia unemployment site, I do have a call in to them.

My attorneys asking $200 to answer and research this for me, so if any of you know, or can point me in the right direction, that would be excellent.

[EntropyControlSpecialist]

I don't know if I can technically say this, so I will and y'all can delete it if I can't, but I would reduce her hours. Majorly. I would reduce them while I am training someone new to fill in her place. If she needs more hours than 2 a week or something small then she will leave voluntarily.

[Blackcat31]

I think I need to fire my current assistant. She is not performing well, has not shown up to a CPR class 3 times that I keep scheduling her for. She has called out "sick" 3 times in the past month. She's been working here since Feb. 1.

My question is about unemployment. If I fire her, am I responsible for her unemployment, assuming she files? I have paid her less than $1500, which is the cut off for me to have to have unemployment insurance. I am not finding much information on the Virginia unemployment site, I do have a call in to them.

My attorneys asking $200 to answer and research this for me, so if any of you know, or can point me in the right direction, that would be excellent.

I don't know about your state specifically but in my state if an employee gets fired for failure to take the required trainings for employment, then they are not eligible for unemployment compensation.

Maybe call your local unemployment or work force office and ask them.

[MCC]

I don't know if I can technically say this, so I will and y'all can delete it if I can't, but I would reduce her hours. Majorly. I would reduce them while I am training someone new to fill in her place. If she needs more hours than 2 a week or something small then she will leave voluntarily.

This is what I am thinking about doing, also not sure if it's legal though.

[Blackcat31]

I found this list on your area's site for unemployment benefits

You may be disqualified from receiving benefits for any of the following reasons:

•Voluntary leaving your last 30 day employer without good cause connected with the work
•Being discharged by your last 30 day employer for gross misconduct
•Being discharged by your last employer for other than gross misconduct
•Refusing to apply for, or accept, suitable work without good cause
•Participating in a labor dispute other than a lockout
•Not able to work, not available for work
•Failing to report as directed
•Not authorized to work if a non-citizen
•Having a reasonable assurance of continuing employment if a school employee

http://www.does.ci.washington.dc.us/does/cwp/view,a,1232,q,537869.asp

[MCC]

I don't know about your state specifically but in my state if an employee gets fired for failure to take the required trainings for employment, then they are not eligible for unemployment compensation.

Maybe call your local unemployment or work force office and ask them.

Thanks, I do have a call into them, so hopefully that will get back to me soon.

[EntropyControlSpecialist]

I found this list on your area's site for unemployment benefits

You may be disqualified from receiving benefits for any of the following reasons:

•Voluntary leaving your last 30 day employer without good cause connected with the work
•Being discharged by your last 30 day employer for gross misconduct
•Being discharged by your last employer for other than gross misconduct
•Refusing to apply for, or accept, suitable work without good cause
•Participating in a labor dispute other than a lockout
•Not able to work, not available for work
•Failing to report as directed
•Not authorized to work if a non-citizen
•Having a reasonable assurance of continuing employment if a school employee

http://www.does.ci.washington.dc.us/...2,q,537869.asp

I would ASSUME that she qualifies as "Not able to work" since she does not have the proper training, right?

[Blackcat31]

I would ASSUME that she qualifies as "Not able to work" since she does not have the proper training, right?

That was my thought too.

Plus the not performing well.
That would be grounds for termination I would think.

[KidGrind]

Failure to report as directed.

[MCC]

I would ASSUME that she qualifies as "Not able to work" since she does not have the proper training, right?

Also- She has refused to come in two days that there was less than an inch of snow on the ground. That is also "not able to work" no?

That list is from DC, I'm actually in VA, I'm going to try to find a similar list for VA, but the site is complicated.

[Blackcat31]

Also- She has refused to come in two days that there was less than an inch of snow on the ground. That is also "not able to work" no?

That list is from DC, I'm actually in VA, I'm going to try to find a similar list for VA, but the site is complicated.

This is what it says for VA

Separation qualification

—Even though you may have enough earnings to qualify, there are circumstances that may prevent you from receiving unemployment benefits. If you are separated for any reason other than lack of work, it will be necessary to gather facts from you and your employer concerning your separation. Your employer will be sent a questionnaire requesting information concerning your employment and separation. You will be called by a VEC deputy and be given an opportunity to present your information and review that of your employer. The deputy will make a determination regarding your qualification based on the separation information presented. You will be disqualified if the deputy determines that you quit your job without good cause, or you were fired from your job for misconduct in connection with your work. You and your employer have the right to appeal the deputy’s determination if either of you disagrees with the results.

From the underlined statement above, I would NOT cut her hours.

I would simply term her for failure to report AND lack of qualifications.

Sounds to me like you gave her ample time to get her certifications in and she failed to do that, therefore, she does NOT qualify as being able to work for you.

[MCC]

http://www.vec.virginia.gov/unemployed/resources/your-unemployment-benefit-rights-and-responsibilities

This is the page I'm looking at, it's very grey...

[itlw8]

Is the CPR required by the state ? has hers expired ? start by telling her she will not be on the schedule until she completes the CPR training. You have not fired her. Then if she does it say in a week I would still reduce her hours until she quit.

[Blackcat31]

This is what it says for VA

Separation qualification

—Even though you may have enough earnings to qualify, there are circumstances that may prevent you from receiving unemployment benefits. If you are separated for any reason other than lack of work, it will be necessary to gather facts from you and your employer concerning your separation. Your employer will be sent a questionnaire requesting information concerning your employment and separation. You will be called by a VEC deputy and be given an opportunity to present your information and review that of your employer. The deputy will make a determination regarding your qualification based on the separation information presented. You will be disqualified if the deputy determines that you quit your job without good cause, or you were fired from your job for misconduct in connection with your work. You and your employer have the right to appeal the deputy’s determination if either of you disagrees with the results.

From the underlined statement above, I would NOT cut her hours.

I would simply term her for failure to report AND lack of qualifications.

Sounds to me like you gave her ample time to get her certifications in and she failed to do that, therefore, she does NOT qualify as being able to work for you.

http://www.vec.virginia.gov/unemploy...sponsibilities

This is the page I'm looking at, it's very grey...

That is the page I quoted the above statement from.

I think firing her for refusing to come to work AND not completing the required trainings is about as close to employee misconduct as you can get.

I mean WHO refuses to come to work when your boss tells you too...kwim?

[snbauser]

I will say that if you fire her for failure to do her job, typically you won't be responsible for the unemployment charge. And the way unemployment works is they will file, you will get a letter stating the wages you paid her and that you will be charged for her claim UNLESS you respond to the letter stating as to why you shouldn't be (and there is a list of reasons on the form). But also know that if she does qualify, you don't actually pay her benefits. What it will do is raise your unemployment tax rate for the following year. In the past I had one employee who pretty much walked out after not being able to perform her job and I was not found responsible for her unemployment. Another one went out on extended maternity leave and there was no way I could "hold" her position for the 4 months she was going to be out so I had to replace her. I was found responsible for her unemployment.