My husband's former employee just quits and has put in a claim for unemployment and ...?

Question

it looks as if it will go through! How is this possible, he quit and moves to PA and now wants to collect unemployment. My husband is a flooring installer and he can hardly afford our bills. How can someone be allowed to do this? He can just go and claim that he was not given his pay (which he was, but my husband withheld some of the last paycheck because the employee got into an accident with my husband's van and wouldn't pay him for the damage. My husband specifically told him NOT to drive the van.)

Now we have to appeal, what should my husband say to win the case.

BTW, this employee lives with his mother and has $600k sitting in the bank so don't think we are trying to screw some poor homeless jobless individual.

And after he quits he moves to PA (we are in NJ), we think since he was moving and he decided to quit, like most people would. Doesn't the person reviewing the case realize that, his address is so far!

Answer 1

I would talk to a workman's comp lawyer to find out your rights. I have always been told if you quit your job you don't get unemployment.

Good luck

Answer 2

First you must go through the appeal process this is so all issues are kept above board and all parties rights are protected. Next your former employee is not entitled to collect unemployment (personal opinion) as he chose to quit his job and was not dismissed by your husband for any alleged misconduct on the employees part.

Just for future reference employee misconduct should be documented and signed by both parties. If an employee refuses to sign a write up or memo you as the employer may sign for the employee with a foot note attached regarding the employees refusal to sign the document. It is all about documentation. So in the absence of documentation it should be assumed that you have taken no disciplinary action against your employee. Therefore he left your company of his own free will.

The second issue of with holding some of your ex employees salary may leave you (your husband) in a precarious situation. Unless your former employee has signed some sort of waiver or agreement making him or her liable for damage(s) to company equipment resulting from some negligent act by your former employee.

However, your former employee could take action in civil court with regards to his pay being with held. Remember these are two separate issues going on here.

Using your Vehicle's Insurance may be the better option in this scenario. If this matter ends up in civil court can your husband prove that your employee did not have your husbands permission to drive the company van?

I know this is getting sticky but any cost incurred by your husband to repair the van can be expensed through the business and written off on your taxes.

Answer 3

I'm not familiar with New Jersey's labor laws, but most states will not let you collect unemployment if you resign. If your husband has documented everything, including the damages to the van and the fact that the employee quit, he has a pretty good chance of winning.

Answer 4

most laws are designed to protect the individual, so you will have to go through this process and then appeal the ruling if you lose. I owned a business, it was a huge pain in the butt. Unless your husband has the "do not drive the van" issue in writing, he's not going to win that one.

good luck

Answer 5

It doesn't sound like the former employee is trying to get unemployment because in most states you have to get fired to get unemployment.It seems he's trying to make a Wage Claim.
Have you husband go in person to U.S. Dept. of Labor- Wage and Hour Division and have him ask to speak to an investigator. Tell him to explain his side in detail and see what they tell him.

Answer 6

You'd be wise to see a lawyer. In most places, you aren't allowed to hold part of a paycheck that way - I don't know about NJ. That could be why the decision of the u.c. people was that he quit justifiably. Other than that, if he quit, he wouldn't be entitled to u.c. Did you get any clue from the u.c. people why they ok'd his claim?

Answer 7

How do you know this guy has 600K in the bank?? Second, no one gets unemployment if they quit so there are some holes in your story.

Answer 8

Go to the agencies that deal with Unemployment Insurance.

Make sure your husband was honest since there are two sides to any story.


I wish you the best!!! !!!