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Sep26

Unemployment benefits rehired employee who is terminated-are benefits retroactive to l3 years ago ?

I had a great employee who worked for me l3 years and gave notice because husband took out of state job. It is l8 months later, and they are back in state. If I rehire her and for whatever reason deem it necessary to terminate her: is she entitled to unemployment benefits from when she was rehired Sept 24, 20l0 or for some reason, would they be retroactive to when she started her employment history with me l3 yrs. ago? Thank you in advance for answering this question.

Unemployment benefits are not cumulative or retroactive. In other words, an employee who has worked for you for 13 years is entitled to the same benefits as an employee who has worked for you for 2 years.

Either an employee is entitled to unemployment benefits or she is not. This is based on the total number of weeks the employee has worked (for all employers) in the past 5 quarters (about 15  months) and the reason for termination. If an employee qualifies for unemployment, generally the last employer is the *chargable* employer, whether she worked for you for one week or 10 years. The amount the employee is entitled to is determined by her earnings in the past 15 months.

Even if you hire an employee who has never worked for you before, and terminate them within 3 months, in some cases they will qualify for unemployment benefits and you will be the *chargable* employer. So this is true of your past employee — but it is also true of anyone you hire off the street.

If you have a genuine concern, you could offer this person a temporary position for up to 6 months. After that temporary position ends, you can determine if you want to hire the worker permanently. Temporary employees generally do not qualify for unemployment when the assignment ends.

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This entry was posted on Sunday, September 26th, 2010 at 12:48 pm and is filed under
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