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90 Days & Unemployment

I have an employee who is just not working out. If we let him go he will try to collect unemployment. He is still on his 90 day probation with an at will employment. If we let him go would he end up on our unemployment?

Unemployment insurance programs are administered by each state; thus, eligibility for unemployment benefits varies by state. In general, unemployment insurance provides unemployment benefits to workers who are unemployed through no fault of their own. Involuntary separation can be interpreted differently based on whether the employee was laid off, resigned, or was fired.

An employee who was laid off or part of a reduction in the workforce will be eligible for unemployment. However, an employee who resigned or quit may not be. Generally, a worker who resigned for good cause, meaning continuing employment would actually have been an increased hardship, may receive unemployment. For example, an employee who resigned to avoid continued harassment or unsafe work conditions would normally receive unemployment benefits. Conversely, an employee who resigned because he didn’t get a raise or wasn’t happy with the work he was doing would normally not receive unemployment.

Any employee can file for unemployment benefits, even ones who were terminated. A terminated employee may receive unemployment if he was fired for minor or unintended violations such as poor judgment or being late a few times. Major misconduct such as harassment or stealing will generally render a worker ineligible for unemployment.

Most states have a claims process during which the regulatory agency requests information regarding the worker’s employment including employment dates, reason for leaving the company, and if the employer has any reason why the worker shouldn’t receive unemployment benefits. It is then up to the employer to contest the worker’s eligibility.

Many states have base periods, meaning requirements for wages earned or time worked during an established period of time. So, if an employee works for a limited amount of time for an employer, the unemployment cost may be shared amongst several previous employers.


This entry was posted on Monday, August 11th, 2014 at 7:36 pm and is filed under
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