Chouest layoffs without unemployment legal?

These companies wouldn’t try to screw you, would they? I mean they love ya like family and all.

[QUOTE=EbbTide;164204]These companies wouldn’t try to screw you, would they? I mean they love ya like family and all.[/QUOTE]
No way Joe Boss loves them all. If his employees were laid off, he would have to pay higher rates on unemployment insurance. So they aren’t laid off, they are still working for him and waiting on his phone call.

[QUOTE=cptjdaw;164141]Heard from some buddies of mine who are officers that work for Chouest that have been sent home to wait on a call. Basically these guys are getting laid off by Chouest but they are leaving them as active employees so they can’t collect unemployment benefits while they’re forced to stay home. I know a guy home for three months without a call, I’m guessing the family is hoping he quits so they can again get away without paying him any unemployment. Is this legal? Can one of these employees file suit? It seems amazing to me that a company that big would screw its workers over when times get tough.[/QUOTE]

I hate to interrupt your shit-pot stirring party but…again you are just acting as the mouth piece of the union. All of the discussion is pointless as I know of know one who has been sitting home at for 3 months at chouest. Now I have heard of new mates being asked to return to the deck as an AB.

You mean the new mates that should never have been paid over $300 a day, and who should have started out on deck to begin with?

The unions have no interest in organizing the Gulf mud boat companies, that would be far too much work for the union bosses.

[QUOTE=injunear;164184]Very few states have payroll deductions for UI. The company pays and their premiums increase when claims are filed.[/QUOTE]

Name one state that does not require payroll unemployment insurance deductions. Save your time, there isn’t any.

Collecting unemployment on your scheduled time-off is disallowed by unemployment offices that I know of. The employer receives notice of your UI claim and can appeal it if they choose too and you the employee, can appeal any initial decision from the UI Office too. The UI Office will make the final decision on your eligibility for benefits.

Filing for UI benefits on your time off is just plain wrong in my own opinion. If the pay is that bad, I would find another employer.

The employer must maintain a certain level of funding in their respective unemployment insurance pool. When they lay-off people and that level falls, UI will require them to start paying into the pool to maintain the level set by the UI Office. It’s the cost of doing business and it’s built into their profit structure if they know what they’re doing.

File your claim, in the mean time you will probably find another job and won’t even get your first check. If you can’t find work immediately at least you can use your unemployment insurance money to help out.

[QUOTE=Lookout;164222]Name one state that does not require payroll unemployment insurance deductions. Save your time, there isn’t any.[/QUOTE]
In my 39 years sailing for more than a dozen companies in various states, the only deduction for UI stated on my pay stub was on a corporation in NJ. That was just a few dollars a pay period. The operating company moved to Florida and the deductions stopped. Maybe things have changed since I retired.

[QUOTE=Lookout;164224]Collecting unemployment on your scheduled time-off is disallowed by unemployment offices that I know of. The employer receives notice of your UI claim and can appeal it if they choose too and you the employee, can appeal any initial decision from the UI Office too. The UI Office will make the final decision on your eligibility for benefits.

Filing for UI benefits on your time off is just plain wrong in my own opinion. If the pay is that bad, I would find another employer.

The employer must maintain a certain level of funding in their respective unemployment insurance pool. When they lay-off people and that level falls, UI will require them to start paying into the pool to maintain the level set by the UI Office. It’s the cost of doing business and it’s built into their profit structure if they know what they’re doing.

File your claim, in the mean time you will probably find another job and won’t even get your first check. If you can’t find work immediately at least you can use your unemployment insurance money to help out.[/QUOTE]

The guys collecting UI on their days off of a regular rotation won their dispute as they were “a union employee displaced by another”. I know it’s BS but the small percentage of abusers fucked it up for the rest of us that negotiated contracts with our track records.

[QUOTE=Lookout;164224]
Filing for UI benefits on your time off is just plain wrong in my own opinion. If the pay is that bad, I would find another employer.

[/QUOTE]

So what do you consider your “time off”? If you were working a regular rotation say 60 on/60 off. You get 20 days “vacation pay” for 30 days of work as a lump sum. Do you think collecting unemployment after 40 days at home is wrong? Would you try to start collecting at day 61 at home even though the your boss called and said the company would have something “soon”?

Yeah, once your scheduled time off is over you may have a case. Before that, not in my book.

Back in the 80’s (333) if they tied up your boat they told you to call in every afternoon to see if you were needed. You had to wait two weeks (If I remember Correctly) before you could file for UI. We use to joke that the best way to get back to work was to file because as soon as the company was notified you went back. Now sometimes they would put you back to work for One (1) day then lay you off (tell you to call every afternoon until your tour was over) again.

So, please do not think that the Gulf Companies are the only ones to play this game.

[QUOTE=z-drive;164237]Yeah, once your scheduled time off is over you may have a case. Before that, not in my book.[/QUOTE]

I agree, if it’s before your BTW (Back to Work) date you should not be eligible to collect UI regardless if vacation is paid lump sum or not.

However, that said, I believe that people have filed, been denied, appealed, won and are able to collect while on vacation. That’s rotary jobs where you don’t go back to the same job. Don’t know about permanent jobs.

I’ve talked to people who do it, they get a bit indignant if you suggest it’s not right. The thinking being if it legal it’s ok.

[QUOTE=injunear;164227]The guys collecting UI on their days off of a regular rotation won their dispute as they were “a union employee displaced by another”. I know it’s BS but the small percentage of abusers fucked it up for the rest of us that negotiated contracts with our track records.[/QUOTE]

I believe what injunear here says is correct.

I think he is also correct about employee withholding UI. Many states do not have employee withholding, Maine is one.

"So what do you consider your “time off”? If you were working a regular rotation say 60 on/60 off. You get 20 days “vacation pay” for 30 days of work as a lump sum. Do you think collecting unemployment after 40 days at home is wrong? Would you try to start collecting at day 61 at home even though the your boss called and said the company would have something “soon”?–Respect My Authority

First, I would know what the deal is before I took the job. If a 60on/60off rotation with an additional 40 paid days “vacation pay” is acceptable to me, I would take the job.

I would file for unemployment if I were not called back for my next scheduled rotation, day 61, or whenever the next crew-change occurs.

In this case, the employer stated the terms of my employment and I accepted. If I decided to change the terms of employment and file for UI Benefits on my scheduled time off, then I have changed the terms of employment with my employer. If the employer keeps me on the beach without pay beyond my regular work schedule, then he has changed the terms of employment. The original agreement or terms of employment (job) ceases to exist when either party changes the terms of employment. I am free to file for UI Benefits and the employer is obligated by law to maintain the solvency of those benefits for all of his employee’s.

One of the Poll options should be “Is it right”. Just because it is deemed “legal” doesn’t make it right. My son who sails in the SIU files for Unemployment as soon as he gets off the ships. This is what they are advised to do by the SIU. It annoys me since he is not looking for work during his time off.

I suppose the contracted companies could increase vacation pay but there is no incentive to do so if people continue to file for UI. In a way Unempolyment IS their vacation pay, or a supplement to the amount they receive.

I do 120 day rotations. I am a permanent on my ship I also get vacation pay. I collect the day after I get my vacation pay. Normally a week or two after I sign off the ship. I use to not collect unemployment at all. But once during my off time about 95 days into my vacation I got notified that my ship was switching to a different Union and I did not have a job anymore. I could not go back and collect for the previous 3 months that I was on vacation. Also when you sign off a ship unless you have a contract there is no guruntee you come back to work for that company. The way the industry is when your home kicking back on vacation your ship could get laid up, switch unions, or go to reduced manning at anytime. Last thing you want is to be home for your entire the vacation and get notified your not coming back and not be able to collect the past months unemployment. Knowing first hand how that is, it’s not a comfortable experience.

[QUOTE=Lookout;164244]First, I would know what the deal is before I took the job. If a 60on/60off rotation with an additional 40 paid days “vacation pay” is acceptable to me, I would take the job.

I would file for unemployment if I were not called back for my next scheduled rotation, day 61, or whenever the next crew-change occurs.

In this case, the employer stated the terms of my employment and I accepted. If I decided to change the terms of employment and file for UI Benefits on my scheduled time off, then I have changed the terms of employment with my employer. If the employer keeps me on the beach without pay beyond my regular work schedule, then he has changed the terms of employment. The original agreement or terms of employment (job) ceases to exist when either party changes the terms of employment. I am free to file for UI Benefits and the employer is obligated by law to maintain the solvency of those benefits for all of his employee’s.[/QUOTE]

You would know the deal before you took the job? Most of the personnel managers that I have run into in 25+ years are the equivalent of used car salesmen. They have trouble telling the truth. They will say one thing one day and something different the next. There is no piece of paper signed by them stating “terms”.

[QUOTE=Tugs;164241]Back in the 80’s (333) if they tied up your boat they told you to call in every afternoon to see if you were needed. You had to wait two weeks (If I remember Correctly) before you could file for UI. We use to joke that the best way to get back to work was to file because as soon as the company was notified you went back. Now sometimes they would put you back to work for One (1) day then lay you off (tell you to call every afternoon until your tour was over) again.

So, please do not think that the Gulf Companies are the only ones to play this game.[/QUOTE]

I don’t think GOM Companies are the only game-players out there by any means! I presently work for a GOM Company and they are the best employer I have had in the last 20 years!

Back in the 80’s, I would file for UI on the very first day I lost my first regularly scheduled day of work. The only waiting period was the one-week waiting period after you filed, imposed by the State Unemployment Office.

Once, the personnel guy tried to tell me I wasn’t laid-off and I couldn’t collect UI Benefits. I asked him if I could expect my normal paycheck this week and he replied “well no, you didn’t work”; Bingo! I hung-up the phone and drove over to the unemployment office and filed a claim. I would continue the call-in as requested by my employer and eventually go back to work or find work elsewhere. I remember the thinking back then too, “the quickest way back to work was to file a UI Claim.” There appeared to be some truth to that line of thought.

Back then, There was always work for a working man. I was never out of work longer than I wanted to.

[QUOTE=rsandneriii;164258]I do 120 day rotations. I am a permanent on my ship I also get vacation pay. I collect the day after I get my vacation pay. Normally a week or two after I sign off the ship. I use to not collect unemployment at all. But once during my off time about 95 days into my vacation I got notified that my ship was switching to a different Union and I did not have a job anymore. I could not go back and collect for the previous 3 months that I was on vacation. Also when you sign off a ship unless you have a contract there is no guruntee you come back to work for that company. The way the industry is when your home kicking back on vacation your ship could get laid up, switch unions, or go to reduced manning at anytime. Last thing you want is to be home for your entire the vacation and get notified your not coming back and not be able to collect the past months unemployment. Knowing first hand how that is, it’s not a comfortable experience.[/QUOTE]

With all due respect, up until you were notified the ship was changing unions you still had a permanent job. The way the industry is (and actually a lot of industries) yes, you may get notified you are not coming back. So if you collect unemployment and you DO return to work do you return the money? Me thinks not. Again it goes back to a moral question since it has been determined to be legal under the current rules to collect.

Here is a thought, should school teachers be allowed to file and collect during summer breaks if they aren’t working? If not, why not? It seems to me most if not all the same conditions apply.

So fuck it, I’ll give up my short rotation for a long one to get some extra cash from the gummint. Seeing as that’s all you gotta do. And my wife has a few months vacation time, maybe they can give her a lump sum right away so she can collect too.

If one files and collects unemployment during their time off does the company have to call you back? In other words if you have a permanent job and collect unemployment, isn’t that about the same as saying you quit that permanent job since you are “unemployed”. Just wondering…