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Discussion in 'Commercial Snow Removal' started by JKuch, Nov 9, 2011.

  1. JKuch

    JKuch Junior Member
    Messages: 11

    I have a guy that works for my landscaping business that has lost his drivers license. Last year when this happened I had him ride with one of my other guys and shovel the places we had to shovel. Here lies my question he still does not have his license and has one foot out the door already. I have multiple reasons for letting this guy go. If I discharge him will I have to pay unemployment. Someone told me that since he lost his license and cannot perform snow plowing duties that most likely I would not have to pay out. Does anyone have any experience with this type of situation?
  2. PapaSnowPlow

    PapaSnowPlow Junior Member
    Messages: 15

    another good question on this topic is: can you classify someone as a seasonal worker and let them know of this status and not need to worry about paying unemployment when snow season is over?
  3. DaveCN5

    DaveCN5 Senior Member
    Messages: 236

    I agree it depends on the type of employment it is. If it's seasonal or "at will" employment work and he has signed a work release saying he is aware that he is a seasonal or at will employee he cannot collect unemployment. But then again, every where is different. I know there's legal ways for our guys to work for us and still collect unemployment. But it sounds like he cannot perform the job duties because of his own actions. Good luck to you.
  4. mike thunder

    mike thunder Senior Member
    Messages: 110

    He's already established that not having a license doesn't effect his ability to perform work for you by accepting the role as the rider/shoveler. You won't be able to use his license status against him now. You could have if you had fired him immediately upon your knowledge of him losing it. You can, however, stop giving him so much work and bleed him out, so to speak, and let him go on his way. He can't use the "lack of work" excuse because the feds/state recognize the landscape industry in cold weather climates as "seasonal" employment. When you get the notice that he has filed just fill out the form and return it promptly with your appeal and they won't charge your UIA account.
    The exterior construction industry uses this tactic often.
  5. RLM

    RLM PlowSite.com Addict
    Messages: 1,270

    In NY good luck, I had a guy flat out refuse to work in the winter. They still let him collect even after I protested, same with other friends in same situation
  6. BUFF

    BUFF PlowSite Fanatic
    from FR NoCo
    Messages: 9,092

    You say he has one foot out the door, is he looking or are you dissatisfied with his performance?
    If you're having performance issues's with him you have to document it by formally writing him up. When you write him up capture the details; shotty work, safety issues, abusive to equipment, etc.... Sit him down (preferably with a witness), review the document, have him sign it. If he refuses to sign make a note and have the witness sign it. Repeat the process when it comes up again, once you have established a document trail with a couple repeat offenses fire him. The document trail will give your case to fight his claim for unemployment a tremendous amount of beef. If this guy has any brains hell see the writing on the wall and leave on his own. It may sound like a hassle but it's well worth the time it takes in the long run.

    If you have anyone you know that manages for a company with a HR department it would be a good idea to see what you state has in place to protect the employer and what rights the employee has too. It's pretty said our society is becoming more of a socialist one and people have the feeling of entitlement. As a employer the last thing you need is to be held hostage by a employee who's a bad egg, it not only takes a toll on the company but it also can bring down your good employees to.
  7. WIPensFan

    WIPensFan PlowSite Veteran
    Messages: 3,594

    He''ll be able to collect unemployment on you. I honestly don't know what it would take these days for these deadbeats to not be eligible. They could stab you in the eye and it would be your fault somehow.:dizzy:
  8. JTVLandscaping

    JTVLandscaping Senior Member
    Messages: 862

    Paying his unemployment will be cheaper than paying him a paycheck, unemployment is only a percentage of normal wages
  9. lawnlandscape

    lawnlandscape Senior Member
    Messages: 374

    The above post is bad advise. The more unemployment gets claimed against you in a year, then higher the % of unemployment you pay on ALL EMPLOYEES WAGES in future years.

    The effect would raise the rate you pay on ALL FUTURE PAYROLL.
  10. brianbrich1

    brianbrich1 PlowSite.com Addict
    Messages: 1,102

    Agree....more unemployment claimed against you the higher your rate....he will collect against you even if you think he does not deserve it...you can always dispute it once he claims and follow that road...
  11. 2COR517

    2COR517 PlowSite Fanatic
    Messages: 7,115

    Pretty sad state of affairs, eh?
  12. swtiih

    swtiih PlowSite.com Addict
    Messages: 1,179

    the joys of being a business owner. Why not just cut his hours so he looks for another job?
  13. lawnlandscape

    lawnlandscape Senior Member
    Messages: 374

    'Lack of work' would make him eligible
  14. Dr Who

    Dr Who Senior Member
    Messages: 637

    It all depends on your state and its unemployment laws.

    In KY, if you fire someone for any reason they can file for unemployment, you do have the rite to contest it and it my end up in court, you paying the fees if the employee wins.

    I do not know Your state laws, but in KY if they quit, they can file for unemployment, but will not be awarded it.

    So if your state is the same, then what I would do if I were you is keep him as an employee but not give him any hours, or give him reasons to quit. Such as not offer to pick him up to work, make his hours odd (not that snow is on a schedule) and only give him part time work. Such as if you have 10 hours of work, schedule him to come in after the 1st 7 hrs are complete, or something like that. Make him want to quit, give him reasons to quit etc.

    Does that make sense to you?
  15. JCPM

    JCPM Senior Member
    from CT
    Messages: 323

    This comment is absolutely right. However, its really not that much money. I've laid guys off almost every year that I've been in business. The difference in the payroll insurance rate has added about $0.20 for every $500 payroll check I write. I wouldn't stress about one guy getting unemployment cause he will get it at the and of the day unless you can make him quit on his own accord.
  16. SteveR

    SteveR Senior Member
    Messages: 252

    They all get it now! I had a guy quit and get another job for 3 months then after leaving that job, filed and collected off ME! I protested to no avail!!! I think we need 4 more OBAMA years NOT
  17. BUFF

    BUFF PlowSite Fanatic
    from FR NoCo
    Messages: 9,092

    Lawyer up and fight it, even it you end up upside down at the end of the day at least you had the last say on the matter.