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Need Employment/Unemployment Input Please!
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<blockquote data-quote="LittleDudesMom" data-source="post: 380587" data-attributes="member: 805"><p>k,</p><p></p><p>First and foremost, employers cannot go to the state unemployment office and find out if a prospective employee has pulled unemployment. Nor, do I believe, can they legally ask you about it. You are right however, that employees do not like it when exemployees file unemployment claims. Our annual experience rate is based on claims for a particular 12 month look-back period. Experience rates change every year. If an employee files a claim, your rate goes up. Employers pay unemployment taxes quarterly. Our tax is based on the first 8K (differs from state to state) of income for each employee multiplied by our experience rate. On top of that, we also pay federal unemployment taxes of the first 7K of income for each employee.</p><p></p><p>Oftentimes, unemployment issues become "he said, she said". The purpose of federal and state unemployment is to provide unemployment benefits to "eligible workers who are unemployed through no fault of their own.' </p><p></p><p>I know I have given you this information in a post before, but I'll provide it again.</p><p></p><p>In order for you to take leave under FMLA, your employer has to be a covered employer. Meaning, they have to employ at least 50 employees within a 75 mile radius. If they don't qualify based on the above, they are not subject to following or allowing FMLA benefit. That's not to say they won't, just that they are not legally responsible to do so.</p><p></p><p>Also, the employee must have been employed by that covered employer for 12 months prior to requesting leave or worked at least 1,250 hours for a covered employer in the previous 12 months.</p><p></p><p>If you were working for a company with over 50 employees and you wished to take leave based on FMLA, you would have to provide written notice to your employer at least 30 days prior to the effect of the leave (or as soon as practical in emergency cases). Additionally, if for medical reasons (both physical and mental) the employee must provide a "Certification of Health Care Provider for Family Member's Serious Health Condition" form (Dept of Labor form). Employers may require that an employee's request for leave due to a serious health condition affecting the employee or a covered family member be supported by a certification from a health care provider. An employer may require second or third medical opinions (at the employer's expense) and periodic recertification of a serious health condition.</p><p></p><p>I ramble on this way to show you that just you and the employer agreeing on leave does not constitute leave under FMLA. If you and the employer had a verbal agreement, you have absolutely no way to prove it. Additionally, devil's advocate here, if you went to claim unemployment, there is nothing preventing the employer from saying that he fired you and showed a time card or pay stubs, etc., proving how much work you missed as justification for letting you go.</p><p></p><p>Don't want to burst your bubble here, but just wanted to make sure you had the info you needed to move forward. I will tell you that, in my experience, unless a company is really small (like mine) many employers don't fight unemployment claims because they can be very expensive and time consuming. However, with this economy, many employers who never have unemployment claims are getting them and we are all paying more! More folks without a job and more taxes for small businesses. A no-win for all!</p><p></p><p>I'm sorry this got so lengthy, but I wanted to make sure you saw the whole picture. I really like the idea of getting a letter of reference from the past employer. I'm not sure why he/they would give you a bad reference though. They would have absolutely nothing to gain.</p><p></p><p>Good luck.</p><p></p><p>Sharon</p></blockquote><p></p>
[QUOTE="LittleDudesMom, post: 380587, member: 805"] k, First and foremost, employers cannot go to the state unemployment office and find out if a prospective employee has pulled unemployment. Nor, do I believe, can they legally ask you about it. You are right however, that employees do not like it when exemployees file unemployment claims. Our annual experience rate is based on claims for a particular 12 month look-back period. Experience rates change every year. If an employee files a claim, your rate goes up. Employers pay unemployment taxes quarterly. Our tax is based on the first 8K (differs from state to state) of income for each employee multiplied by our experience rate. On top of that, we also pay federal unemployment taxes of the first 7K of income for each employee. Oftentimes, unemployment issues become "he said, she said". The purpose of federal and state unemployment is to provide unemployment benefits to "eligible workers who are unemployed through no fault of their own.' I know I have given you this information in a post before, but I'll provide it again. In order for you to take leave under FMLA, your employer has to be a covered employer. Meaning, they have to employ at least 50 employees within a 75 mile radius. If they don't qualify based on the above, they are not subject to following or allowing FMLA benefit. That's not to say they won't, just that they are not legally responsible to do so. Also, the employee must have been employed by that covered employer for 12 months prior to requesting leave or worked at least 1,250 hours for a covered employer in the previous 12 months. If you were working for a company with over 50 employees and you wished to take leave based on FMLA, you would have to provide written notice to your employer at least 30 days prior to the effect of the leave (or as soon as practical in emergency cases). Additionally, if for medical reasons (both physical and mental) the employee must provide a "Certification of Health Care Provider for Family Member's Serious Health Condition" form (Dept of Labor form). Employers may require that an employee's request for leave due to a serious health condition affecting the employee or a covered family member be supported by a certification from a health care provider. An employer may require second or third medical opinions (at the employer's expense) and periodic recertification of a serious health condition. I ramble on this way to show you that just you and the employer agreeing on leave does not constitute leave under FMLA. If you and the employer had a verbal agreement, you have absolutely no way to prove it. Additionally, devil's advocate here, if you went to claim unemployment, there is nothing preventing the employer from saying that he fired you and showed a time card or pay stubs, etc., proving how much work you missed as justification for letting you go. Don't want to burst your bubble here, but just wanted to make sure you had the info you needed to move forward. I will tell you that, in my experience, unless a company is really small (like mine) many employers don't fight unemployment claims because they can be very expensive and time consuming. However, with this economy, many employers who never have unemployment claims are getting them and we are all paying more! More folks without a job and more taxes for small businesses. A no-win for all! I'm sorry this got so lengthy, but I wanted to make sure you saw the whole picture. I really like the idea of getting a letter of reference from the past employer. I'm not sure why he/they would give you a bad reference though. They would have absolutely nothing to gain. Good luck. Sharon [/QUOTE]
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