Human Resource Blog

receiving unemployment benefits while working

We have two Franchise Restaurants , sales are down,some of the servers are not receiving the amount of tips that have received in the past. These servers are being asked to work, however have refused to work the hours, as they state it will hurt the amount of unemployment benefits they receive while still working.

As we understand the situation, these servers are refusing to work additional hours, because earning more will reduce their unemployment benefits.

There is a solution, and it is simplicity itself.  Schedule one of the servers for the additional hours. (You do post written schedules, right?) When the employee does not show up for the hours, write her up. Do this three days in a row, and then terminate her. The employee will almost certainly not qualify for unemployment, because she could have come to work and refused to. If she applies for unemployment benefits, you should contest them — she is unemployed through her own choice.

The other servers will suddenly decide that if you put them on the schedule, they will be at work. (And if they do not, it should be fairly easy to hire people who want to work in this economy.)

As the employer, you do not need the employees permission before you put them on the schedule. You write the schedule, and they have the option to work it, or not work it. Letting the servers run the restaurant is like letting the inmates run the asylum.