U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Work and Employment > Unemployment
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 04-16-2015, 06:19 PM
 
Location: Kakaako Honolulu, Hawaii
67 posts, read 179,191 times
Reputation: 55

Advertisements

Hi.

State : Hawaii

I am wondering what my strategy would be if I am expecting a layoff or firing?. Been with current employer for 13 months. 30 hours per week average, give or take some. Full medical (Hawaii law) and dental (I pay the monthly amount), no vacation and no sick days.

He was in a bind at the time of hiring and agreed to pay me a rate that was about $3-4 more than he's paid anyone. There is just he and I. He leads travelers on trips. I secured 2nd PT job at Gym at a minimum wage to offset less hours.

He has told me verbally a few times that he did not think I was meeting his objectives. I have tried, but he has low technology, very archaic ways of organization , at times way too much for a person to handle (IMO), and it's a dirty environment (working from his apt). For whatever his reasons and however I interpret it, he just doesnt feel I am worth the amount he pays. He is very very thrifty and I know those issues are not what UI cares or wants to hear. I've done nothing malicious, intentional. it just seems to boil down to he's not happy with me. I could go into speculation on maybe he thinks he pays me too much vis a vis what he brings in as profit and he'd rather have someone 20 hours for $3 less per hour, but I have no concrete info on that.

He utilizes an employment/HR outsourcing company , which is very popular here in the state. So my pay checks and my W2 form all have that HR company listed and not XYZ Diver Co. He pays all taxes he needs to , but being part of that HR's small business plan, I'm sure Unemployment taxes come from them. They are basically also a temp agency. I was not hired through them, but through him, the owner, at XYZ Diving. He just uses them for HR and Payroll. But like I said, officially I seem to be listed for tax purposes under the HR company. I had read a post a few months back on this forum of a woman who was in a similar position, her company used a staffing firm for payroll/taxes and when she applied for UI, she was denied because she did not call the staffing firm for work, her argument was that she had no idea she was employed by anyone but her company, and certainly not a staffing firm.

I know my boss is going to ask me to leave, move on, quit etc. He has done this before with his workers after about a year or so. I saw he had listed my position on craigslist yesterday. He returned from a 3 week trip on Monday and on Wednesday, said I could wrap up early. Later that evening, I had a sixth sense to look at admin positions on craigslist and saw my position listed there. He leaves on a 2 week trip next friday and when he returns May 11, we will officially be in the slow period as divers don't dive in summer and there is a 3.5 month lull between trips. It is the perfect time for him to ask me to leave and find someone else in that time.

I know in order to qualify for UI, I cannot quit. He may suggest that it would be best for me to move on and give me some time to find something (which he did with the last person). I don't want to agree to this because I don't want to jeopardize my UI.

Do I ask that he officially terminate me? Do I ask for an ending date? Concrete clarification? Does it jeopardize UI if I am given a certain amount of time to leave and agree to that? I have keys to his place, so do I interpret handing back they keys constitutes a termination of employment?

I know this is hypothetical, and I really do apologize for writing too much. But I want to be prepared. I called in sick today (my 2nd time ever, plus I don't get paid for it) because I was up over thinking things last night, but I'd like to be armed and confident when he approaches me. I have been expecting this, but seeing the ad for my position on CL made it real.
Reply With Quote Quick reply to this message

 
Old 04-16-2015, 07:33 PM
 
13,023 posts, read 19,415,359 times
Reputation: 2290
If you want to enjoy your UI, I suggest you quit the other part-time job now so you can FOCUS on your primary job. I think partial UI is a ripoff because it slows the bleed on the employer's reserve account that put you in this mess, but that's your call.

You can't ask to be terminated - in UI, that's a quit.

No, you can't bring up the subject or you're treading in quit territory.

Not necessarily, but I wouldn't do it. As soon as I hear the words, "I have to let you go," I leave quickly. I don't want to know why (I like to have an idea why) but I like to be able to say to UI that "no reason was given." It just makes things easier.

If he asks for the keys back, you should play dumb and say, "Are you going to be here to let me in from now on?" So he says, "you don't need to come back."

As to the staffing firm, you've got to figure that one out. If you work for them, then you might have to call them if HI requires it and report your availability and be able to prove it, but not all states have that rule, but when in doubt, go with the most restrictive criteria you know. You can't be denied UI if you inform them, but on the otherhand, I bet you don't want them calling you to offer you a job either.
Reply With Quote Quick reply to this message
 
Old 04-16-2015, 08:48 PM
 
9,255 posts, read 11,820,013 times
Reputation: 14520
Quote:
Originally Posted by Chyvan View Post
As to the staffing firm, you've got to figure that one out. If you work for them, then you might have to call them if HI requires it and report your availability and be able to prove it, but not all states have that rule, but when in doubt, go with the most restrictive criteria you know. You can't be denied UI if you inform them, but on the otherhand, I bet you don't want them calling you to offer you a job either.
The OP needs to go online to Hawaii's Dept of Commerce and Consumer Affairs and run a name search for the staffing/HR firm. If it comes up with a EMA, EMB or EMP license number, the OP will need to notify that firm when they are terminated from their assignment and REQUEST suitable work. The OP needs to do it in a manner that creates a documented trail that can be produced if the staffing/employment agency contest the unemployment for failing to report the termination and thus could not be placed (refused work) in another suitable position.
Reply With Quote Quick reply to this message
 
Old 04-16-2015, 08:54 PM
 
13,023 posts, read 19,415,359 times
Reputation: 2290
Good, he know knows that HI is one of those states with that requirement.
Reply With Quote Quick reply to this message
 
Old 04-16-2015, 09:57 PM
 
Location: Kakaako Honolulu, Hawaii
67 posts, read 179,191 times
Reputation: 55
Thank you Chyvan for responding. It might not be prudent to quit the part time. It's about 15 hours on the weekends, and I completely enjoy it. Plus, Hawaii allows you to collect full UI and keep up to $150 per week from a PT job. My UI amount, per the estimator, is about $130 less per week than I had the last time I was on UI in 2013. I do know I still had one week to go on that, so it's possible they may keep me on that claim for one week and then carry over? The history is I began working in November 2013 after a lengthy unemployment, at one company, they then started to eliminate the exec director and other staff, so realizing I was next and had virtually no UI to fall back on, I then moved over to the present one March 2014.

What confuses me, is that you said
Quote:
As soon as I hear the words, "I have to let you go," I leave quickly. I don't want to know why (I like to have an idea why) but I like to be able to say to UI that "no reason was given."
I can see if one is told that day they are being let go and to clear ones items out. But I do believe the strategy of my employer is to sit down and say "ajd, it's not working out, I'm going to give you (insert # weeks) weeks to look for something else". He did that with the person before me. I'm just confused as to what I say. Do I say "alright" and wait until the time comes, then walk out May 10? Do I just come in and do as normal until he tells me to go and/or takes away the keys? Do I tell him "I will continue to come in until I am told otherwise" as i am not quitting. I'm just worried if I walk out after a "hey it's not working" talk, that that will be perceived as a quit. I don't have a problem staying there until he says "don't come in any more" even though it may be uncomfortable. I still would preserve my UI. He leaves for a 2.5 week trip and needs someone there and returns May 9. He then will have no trips for another 2 months, so that is the perfect time for him to find someone new. I know I could probably be mean and go to a temp agency and find something fast to spite him, but I partly want UI for a bit to actually find something real, and also to finalize some medical work I am finishing up. (the medical would not impede my ability to look for and accept work if offered).

Quote:
Originally Posted by Rabrrita View Post
The OP needs to go online to Hawaii's Dept of Commerce and Consumer Affairs and run a name search for the staffing/HR firm. If it comes up with a EMA, EMB or EMP license number, the OP will need to notify that firm when they are terminated from their assignment and REQUEST suitable work. The OP needs to do it in a manner that creates a documented trail that can be produced if the staffing/employment agency contest the unemployment for failing to report the termination and thus could not be placed (refused work) in another suitable position.
the name of the staffing firm is Altres. And are listed with several entities. One of them is Altres HR. Under License, I do see where it has an EMA license.

the name of the company that I work for is listed in the Hawaii Dept Comm/Cons site, as a domestic LLC. License has a TAR- number, and also notes "terminated, needs to reapply". That could be when he started to use Altres, a few years ago.

You had mentioned "need to notify that firm when they are terminated from their assignment...". The thing is, I am not on any assignment. I never had anything to do with Altres, but I do see how that is a gray area and can be interpreted in that way. I will definitely be very very careful on how I approach this and will definitely reach out to them and register with an email trail. I do not have any issues in registering. If they want to send me on an interview, I would not have an issue with that. I do have a min. amount that I can state which could be considered "suitable" work. I do have a "client care specialist" there who contacted me when I first began to collect ID's and hve me fill out W4's etc.
Reply With Quote Quick reply to this message
 
Old 04-16-2015, 11:37 PM
 
19 posts, read 25,333 times
Reputation: 14
Quote:
But I do believe the strategy of my employer is to sit down and say "ajd, it's not working out, I'm going to give you (insert # weeks) weeks to look for something else".
Keep showing up to work on your normally scheduled times. They'll either have to stop scheduling you or lay you off. You can look for other work before and after your shifts and don't need unpaid time off to do it. Sounds like they're going to try like hell to get you to quit.
Reply With Quote Quick reply to this message
 
Old 04-17-2015, 12:45 AM
 
13,023 posts, read 19,415,359 times
Reputation: 2290
Quote:
Originally Posted by ajd96813 View Post
Thank you Chyvan for responding. It might not be prudent to quit the part time. It's about 15 hours on the weekends, and I completely enjoy it. Plus, Hawaii allows you to collect full UI and keep up to $150 per week from a PT job. My UI amount, per the estimator, is about $130 less per week than I had the last time I was on UI in 2013. I do know I still had one week to go on that, so it's possible they may keep me on that claim for one week and then carry over? The history is I began working in November 2013 after a lengthy unemployment, at one company, they then started to eliminate the exec director and other staff, so realizing I was next and had virtually no UI to fall back on, I then moved over to the present one March 2014.
You can keep the job, but I'm pretty sure that you're the guy that wanted to leave HI and still have an income when you got off the island. This is your chance. While you have a PT job, then you're bound to the location. There's only so many chances to ditch a job and make a move. You can stay, but opportunity is knocking.

It's April. I'm thinking any claim from March, 2014 is EXPIRED, and there is no way to draw against any leftover balance. You'll be getting a new claim unless I'm missing something.

Quote:
Originally Posted by ajd96813 View Post
Do I say "alright" and wait until the time comes, then walk out May 10? Do I just come in and do as normal until he tells me to go and/or takes away the keys? Do I tell him "I will continue to come in until I am told otherwise" as i am not quitting. I'm just worried if I walk out after a "hey it's not working" talk, that that will be perceived as a quit.
I said, "discharged," the "we're going to have to let you go," implies that it will be in the future. You're supposed to keep coming to work until the employer won't let you anymore. There's some gray areas though. If you get canned, and then they call you the next day and say, "come back," it's still a discharge, and not going back is a refusal. However, if you've moved 60 miles away in the past 12 hours, then not going back is ok because it's too far.
Reply With Quote Quick reply to this message
 
Old 04-17-2015, 03:25 AM
 
Location: Kakaako Honolulu, Hawaii
67 posts, read 179,191 times
Reputation: 55
Thank you all.

Yes, that was me, planning to move, but things happen and it just didn't materialize.

I guess the best strategy is to go in each day as normal and to basically just remain there until I hear otherwise. He can 'suggest' I move on and look for something, but all I will tell him is that I had no intention of leaving (although it's been in my intentions for awhile) and that I am there until i am no longer needed. If he had a vindictive side or wanting to force me out, he could send me home with minimal hours per week I assume, but I ll cross that bridge if that happens. I do need 20 per week to keep insurance.
Reply With Quote Quick reply to this message
 
Old 04-17-2015, 04:30 AM
 
13,023 posts, read 19,415,359 times
Reputation: 2290
If he reduces your ours, there is still partial UI as a back up, and with the adverse affect it has on your insurance, you might be able to make a "substantial change" argument that gets you a good cause quit.

Know that there are problems and when you get emails, memos, phone messages, or print your phone records to prove calls, save them because they might be important later
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Work and Employment > Unemployment
Follow City-Data.com founder on our Forum or

All times are GMT -6.

© 2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top