I need some help that involves collecting unemployment during your off time. I am paid a day rate like everyone else but my schedule with my company can be a little wild sometimes I am off 2 weeks sometimes I am off 5 weeks and receive no vacation pay or ATO . I started collecting unemployment about a year ago during my off time to help offset the random schedule issues. The problem is my employer has appealed to the state unemployment office saying I am a full time employee. The state (Florida) has already ruled in my favor once saying that because the company has no other options for me to earn income and that I don’t earn vacation pay I am entitled. Well now they have appealed again and are asking the state to make me pay back all the money I collected. What is you experience with this any words of wisdom or has anyone fought this fight before???
Did the company say why you should pay back the money as far as I understand unemployment is a insurance that both we and the company pay into keep on fighting.
I need some help that involves collecting unemployment during your off time. I am paid a day rate like everyone else but my schedule with my company can be a little wild sometimes I am off 2 weeks sometimes I am off 5 weeks and receive no vacation pay or ATO . I started collecting unemployment about a year ago during my off time to help offset the random schedule issues. The problem is my employer has appealed to the state unemployment office saying I am a full time employee. The state (Florida) has already ruled in my favor once saying that because the company has no other options for me to earn income and that I don’t earn vacation pay I am entitled. Well now they have appealed again and are asking the state to make me pay back all the money I collected. What is you experience with this any words of wisdom or has anyone fought this fight before???[/QUOTE]
Well the companies will fight that, and you can fight as well. You just better have your basis covered. Unemployment is paid by the company through state and federal taxes. Just make sure of a few things. If there is something that you have signed that only guarantees a certain amount of work per year, you may be screwed regardless of schedule. Some people may work 8 months straight and take off the last 4 months, but that doesn’t mean they can make a valid claim against the company for benefits. The company will likely lose a tax credit and will have to pay additional taxes for the claim - so it effects your current employer, particularly if they consider you full-time and claim it that way.
Basically, you cannot receive unemployment benefits to cover every single day you’re not at work if you cannot prove a loss of work for the claim. Loss means it was otherwise guaranteed being a full-time employee. Make sure that is the case.
That’s the problem there is no set agreement for our schedules. I have worked as many as 100 days in a hitch to as a few as 3 weeks due to lack of work and I have never turned down the request for me to return to work even after having just a week off. In my eyes being paid a day rate and working this way it is in my best interest to work as many days as possible feast or famine so to speak.
There’s only a few states where the employees pay into unemployement. When an employee draws unemployement, the companies premium goes up. That’s why they fight it tooth and nail. If the company appeals and wins, they’re reimbursed.
I’m not sure how it affects at-will employees, but a union seaman displaced by another union seaman can draw unemployement, even if they’re “permanent”. Every appeal I’ve seen where the seaman took it to the wire, won.
On the other hand, I’ve seen some win and the company said that’s fine and never called them back. I’ve also seen entire divisions shut down because all of the permanent hands insisted on drawing unemployement along with overtime, travel pay and vacation.
That’s another problem I really like my company and if I knew it was going to be a problem I would have never done it and I stopped collecting it as soon as I saw it was going to be an issue. My problem is that I don’t want to pay back the 6 months of it that I did collect mostly because my HR person knew about it and never said a word other wise. She is gone and now we have a new woman running the show who decided she was going to make it this huge blown out issue.
[QUOTE=merchantmariner;21402]That’s the problem there is no set agreement for our schedules. I have worked as many as 100 days in a hitch to as a few as 3 weeks due to lack of work and I have never turned down the request for me to return to work even after having just a week off. In my eyes being paid a day rate and working this way it is in my best interest to work as many days as possible feast or famine so to speak.[/QUOTE]
Considering that, I would talk with the unemployment office first thing tomorrow. Get the information you need. What constitutes full-time employment is your state?
Sounds like the company wants to call you a full time employee because you work every time they need you, but that does not necessarily mean you’re full time. There is more to it than that. Do you get health benefits and such for being a full time employee?
I do get health benefits during my off time. However I know guys that get laid off from there jobs during slow periods and get to keep there health benefits. I don’t know the big thing is its not really that much money I would have to pay back its more the principal I just don’t want to lose my job over this so when the appeal is heard I might just say I was in the wrong and agree with the employer so I don’t P*ss anyone off. If the job market was better I would probably fight it.
From what I remember as long as you’re receiving benefits during your off time it’s hard to claim unemployment. Because if you were unemployed you wouldn’t be receiving any benefits from a company as it wouldn’t make much sense.
I’m not going to get into the right or wrong debate as we all have our opinions. I would suggest finding another job if making ends meet is tough in between your time at work.
