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Question
I have an employee whom voluntarily stopped working October 2013.  He said his wife needed to go to a hospital in Wisconsin for medical reasons and he had to go with her - he didn't know how long it would take or when he could come back.  Of course we wanted him to keep working, but allowed him to go (given the circumstances).

He just contacted me a week ago and wanted to know if he still had his job.  While he was gone he got into a car accident and got injured.  He said he had to go back to the doctor to see if he could get released for work.  I told him to stop in to see me Thursday after his visit with the doctor.

It is Wednesday and I just received a notice for a "Monetary Determination" from the state, for unemployment to begin as of four days ago.  He was told he has a job here, yet yet he filed before coming in to speak with me to let me know his status.  He lied to the state for his reason for claiming unemployment, stating that our company "temporary shut down."

Can he draw unemployment after he voluntarily left his job (for the reason stated) and/or draw unemployment if his injury which occurred while not working is preventing him from working now?

Answer
You need to contact the Unemployment office and let them know what is going on with this former employee. He should not be allowed to draw unemployment.  He was told he had a job and turned it down. He cannot draw anyway because he quit volluntarily. He will be allowed to draw by default if you do not challenge the claim.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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