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I would like to find out if there is a problem (for either the employee getting unemployment benefits or the employer with the legality of that) laying off a full time person in the state of Ohio because of lack of work and hiring a part time person to do most of the same duties.
If you were laid off, you should certainly be eligible for unemployment benefits. Apply if you haven't. If you're looking for a wrongful termination suit though, I'm pretty sure most states are at-will, meaning employers can let you go for any reason just like you can walk away for any reason. Unless you can show it involves something like sexism/racism/age-ism/etc., a suit like that probably isn't worth the headache.
I 'd like to know if the employer can (with out any legal issue/audit) lay off a full time person and hire a part time person. AND if the laid off full timer would be eligible for Unemployment benefits even thought there is someone back in the role (although part time).
I read this initially thinking you were laid off, but now I assume you're the employer? The answer is still yes, the employee would qualify. He/she was let go through no fault of his own.
I 'd like to know if the employer can (with out any legal issue/audit) lay off a full time person and hire a part time person.
Yes, unless your union contract prohibits it. Employers can do anything they want. Their reason - whether legitimate or not - is your layoff was a cost-effective business decision and they couldn't afford you anymore.
Quote:
Originally Posted by Jbb9495
AND if the laid off full timer would be eligible for Unemployment benefits even thought there is someone back in the role (although part time).
Yes. A layoff is a layoff. Being laid off and replaced by a part time worker happens a hundred times a day everywhere and entitles the laid off worker to unemployment benefits. Unemployment benefits exist for this exact reason.
And what about the employer end of things? Are there parameters that might trigger an unemployment audit as far as hours worked full time vs hours worked part time and the duties for each?
I have heard that some employers could be audited by the unemployment office and fined heavily for hiring a someone to replace the laid off worker who is collecting unemployment.
Then you've heard wrong. An employer can lay off their entire work force and replace the whole lot of them with new people, and UI doesn't care one bit, but the employer will get stuck with one heck of a UI tax increase because the employer's experience rating will go through the roof, but that's not a fine, that's just the employer getting hit for his share of the UI payments directly attributed to his actions.
I know that the more unemployment claims a company has, the more their insurance rate goes up. Maybe you overheard something relating to that? But apologies, I don't know much about the employer side of things. Sorry to hear that you may have to let someone go.
Does anyone have any documentation or links to the rules to support the statement that the UI doesn't care or that there are no restrictions to laying off employees and not being audited?
Does anyone have any documentation or links to the rules to support the statement that the UI doesn't care or that there are no restrictions to laying off employees and not being audited?
You are in Ohio. Recently there was a legislative endeavor to make Ohio a Right to Work state - it appears to have failed.
So, it is quite possible Ohio Labor Laws may preclude what this employer has done. Why don't you email your State Secretary of Labor about this issue:
David Goodman Director Department of Commerce 77 South High Street, 22nd Floor Columbus, OH43215 (614) 644-2239 Fax: (614) 466-5650 www.com.state.OH.us
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