Employment questions. Is my employer using a loophole agianst me? Is this legal?

I have exhausted every resource at my disposal trying to get answers on this. Here is my situation:
I was hired by a small commercial refrigeration company that was recently bought by a large corporation. I have worked for these guys for well over six months when work ran out in my city. I work in Tucson, and the office that hired me is in Phoenix.

I have not worked for two weeks now and I am still on their payroll. How am I supposed to collect unemployment to get back on my feet? I keep getting bounced around on their phone lines receiving no answers. They won't even answer my simple questions about getting my vacation pay. They just bounce me around extension to extension till nobody answers. I call up the ladder, nobody answers. I'm about to lose my place to live. And I have no gas to look for a job.

Are they keeping me on the payroll to avoid paying unemployment? Is this legal?
If they just laid me off, I'd have unemployment by now.
Believe me, I'd rather be working than anything.

reply to post by AnimositisominA


Quit, it seems to be the only way.

You need to contact AZ department of labor and let them know what is going on. You should PROBABLY let your employer know that you are contacting them first... maybe that will "encourage" them to either get you paid, or lay you off.
www.dol.gov...

Can't get unemployment if I quit. And I've paid enough into it. That's for damn sure.

Originally posted by PassedKarma
You need to contact AZ department of labor and let them know what is going on. You should PROBABLY let your employer know that you are contacting them first... maybe that will "encourage" them to either get you paid, or lay you off.
www.dol.gov...

Thx. Yeah I've been trying to get through to them.

Originally posted by TsukiLunar
reply to post by AnimositisominA

 

Quit, it seems to be the only way.

NO! Do NOT quit. If you quit, it's all on you to prove you did for good cause (which you have, apparently), but if you get laid off, it's almost an automatic Yes that you get unemployment. I think you have a case for being de facto laid off.

ALSO, be very careful WHEN you apply for unemployment. The way it works in my state is this. Your unemployment is calculated on the first four of the last five completed calendar quarters, not including the quarter in which you apply. So, as of today, mid October, we are in the fourth quarter. The last quarter, July through September, is called the "lag quarter" and DOES NOT COUNT into figuring your benefits. Your BASE YEAR, is the 12 months that count toward your benefits. In this case it is July 1, 2010 until June 30, 2011.

If your work has been sporadic, you need to figure out what BASE YEAR works best for you. If you made a lot more money from October 1, 2010 until September 30, 2011 than you did from July 2010 until June 2011, then it might be worth your while to wait (if you possibly can) until January 1 to apply.

I'd go to the unemployment office and ask them.

Disclosure: I used to work the desk at the unemployment office. They sent me to school to learn the ropes. Then I got laid off. That was a mistake on their part--because I knew enough to manipulate the system.

I don't know about where you live, but here in CA, there is "partial unemployment" available to those that are still on the payroll, but not getting any/enough hours. This same thing has happened to my sister, and my nephew.

for whatever reason, keeping you on the payroll is benefiting them. maybe lower health and benefit premiums for them.

keep harassing them and maybe hire a lawyer to place phone calls for you.

Whatever you do do not quit.

If you quit you make yourself voluntarily unemployed and you will be sanctioned regarding Unemployment Benefit.

Contact your local union or the Department relating to employment legislation.

In the U.K we have an organisation who's acronym is ACAS. They deal with all things relating to employment or unemployment disputes.

Good luck and I hope things work out for you. It's not nice being unemployed, but the majority of us have been there and we bounce back. Peace.

You don't need your employer's permission or blessing to apply for temporary unemployement based on low hours/income. You can apply on line. When UE contacts your employer they may have an incentive to get you some hours, to avoid paying higher unemployment premiums.

reply to post by windword


Apply for it now.

If they put you back to work...Send it back.

This is an easy one. You are not working.

You are in fact, unemployed.

Forget to add Windword is correct.

reply to post by AnimositisominA


I say call around to some lawyers in your area, alot of them will take the case for free if they think they can sue them. A call from a lawyer might get you a little further than a call from an employee they are trying to screw.

It is illegal. If you are not collecting income, you are unemployed, and should be able to collect unemployment.

If you worked 0 hours in any week you are unemployed and laid off even if the company does not tell you.

Are you sure your not being call a independent contractor by the company.
There are some companies that are calling service workers independent contractors just so they can claim that the employee is not a company worker and they do not have to pay into unemployment.

You are not a independent contractor if the company rules don't allow you to do work outside the company name.