employer issues please assist?
my employee told me i would get unemployment. i applied, got approval. but then he would not release the funds, he told me to file it as a "family hardship" so that he would not have to pay into the account. what do i do
Update:revised:: ok yes the state approved unemployment. paperwork direct deposit whole 9 yards. then when i didnt receive it i was told my employer was disputing it. upon contacting employer he told me to file again in a way so he doesnt have to pay. i do not know all that law and protocals here tough to navigate
Comments
If he is disputing - then there will be a hearing.
He doesn't decide if you get it or not. There is no way to file that he doesn't have to pay. In fact, employers don't pay directly anyway. That's why employers pay unemployment insurance to state and feds. And it's not up to him to "release the funds".
The state will decide the case. If the reason for your unemployment is valid and not of your own making - then it's likely the state will decide in your favor. He has no say in the decision other than disputing it. And disputing it doesn't mean he wins. If the reason for your unemployment was not your fault - like no call/no shows or something you did that meant you would have kept your job if you had not done it - then, again, likely the decision would be in your favor. If you caused your termination - then not likely you will get unemployment. Again, employer has no say in it unless he can prove you were terminated for cause. "Cause" being something you did.
So you stop contacting this employer. You do not deal with ex-employer on unemployment issues. You deal only with the state. If a hearing is set up - you go. And you tell them that he told you to file a different way. You tell them that you think he is disputing just so it won't go on his record.
Again - and this is important - you do not speak with ex-employer any more. You deal only with the unemployment office.
Your employer does not get to decide if you receive unemployment or not. The state determines whether you are eligible.
You tell the truth and the state will decide if you are eligible.
There is no such thing as a "family hardship" so unless that is the reason you are out of work, it's not really a good idea to use that term.
http://www.ehow.com/info_8285365_employer-doesnt-p...
It kinda sounds like your employer did not pay into unemployment so now is disputing? To say a family hardship, so he does not have to pay, does not make sense.
But, by all means, poster Jo gave some good advice.
Do not contact your ex employer again, and let UI decide.
There is no way to file in which he doesn't have to pay. You either are entitled to UE or you are not. There is no "family hardship" UE.