If You Have Staff: Unemployment Question

[MCC]

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.

Thank you, that is very helpful information.

[MCC]

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?

Thank you.

To answer the bolded, I'm not sure. She keeps complaining she's not making enough money, but then she calls in sick/doesn't come in when it snows, and is continuously asking me if any kids called out so she doesn't have to come in...This lady is in her 30s too, this isn't a 18 yo.

[daycare]

I know that laws change from state to state, but I had to fire one of my employees for not showing up on time to work. In this line of work, it is not acceptable and causes safety issues due to lack of being within capacity as well as breaking laws.

She was hired on October 7 2013 and was with me for 3 weeks. She was on time maybe 3 days out of 15. I gave her more than enough chances to fix the matter.

Keep good documentation of your records if you have not already.

The next time she calls in, log it and write her up and have her sign it. DO it for each infraction. Make sure she signs it and you give her a copy.

Once you have enough, then you have proof of misconduct, failure to report for duties and etc.

I would not fire her unless you have proof that she has been late, called off etc and it has been in access that is not acceptable.

Once you have that,. fire her

[daycare]

also wanted to ask do you have an employee HB? I do and I was able to use that against her as well. It clearly states that after 3 times that you arrive late in a 6 month period, you will be terminated.

She signed my EHB,. and broke may of the rules in it. Every time she did, I wrote her up and did as I stated above.

[treyes]

All I suggest is document EVERYTHING and have her sign your write ups, warnings and documentations.

The state brags that they are on the employers side but I disagree.

I had an employee refuse a random drug test and never returned to work and the state paid her unemployment!

[MCC]

also wanted to ask do you have an employee HB? I do and I was able to use that against her as well. It clearly states that after 3 times that you arrive late in a 6 month period, you will be terminated.

She signed my EHB,. and broke may of the rules in it. Every time she did, I wrote her up and did as I stated above.

I do have an employee handbook, and she has signed it.

Thank you for your time and advice!

[MCC]

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.

The CPR certification is required for me to leave her alone with the kids. Part of my program is taking the older kids on field trips, and I can not do that without her getting the cert. I also am not aloud to leave her in the house while I go out with the kids, so we currently have to all go outside together, which is problematic for our schedule. I have 4 babies under 1, so we have to work around naps, but if she would get the cert, I could just leave her inside/have her bring the olders outside, and it would be much easier.