Unemployment Nightmare

mikenewman@fron

Anybody out there fire a real slacker only to have him collect unemployment on you. I have an apeal phone interview for march 12. Any advice would be appreciated. I made a mistake of not giving written warning. I am a painter and this guy was afraid of ladders. He could not do basic rolling with a hotdog roller without leaving hollidays and was very sloppy. Now he is trying to milk the system (and me). I have photos of some of his screw ups and letters of complaints from customers will this help? MOPAINT

Teetorbilt

Phone appeal? We go face to face here.

You do have records showing at least 3 offences. Right? You also need to show corrective actions.

Why did you keep him passed the deadline for him filing?

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mdshunk

Without documenting the poor performance and the counseling with him, he's gonna win. No question about it.

Education is expensive.

nap

actually, even with documentation of what you listed as reason for termination, he will probably still get UI.

To be DQ'd, you generally have to have done something wrong. Being a poor painter generally will not qualify him for misconduct, just a lousy painter.

mikenewman@fron

This summer we were doing exteriors where he didn't have to worry about getting paint on carpet etc. boy once we came inside his sloppiness really started to show. We have a big labor shortage out here in Utah and I put up with it. I finally had to let him go when he couldn't paint baseboard ( with one inch tape) he still got oil semi gloss on the lady's carpet. He was afraid to climb ladders so I caught him one day with the work van up against the buiding standing on the roof. He's about 260 so you can imagine what the roof of my van looks like. You can't make this stuff up. Mopaint

nap

Hell with the unemployment.

Get an estimate and bill him for the damage to the van.

Cole

Hell, if I was 260 I would be afraid of ladders too.

No offense to the big guys out there!

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mikenewman@fron

I hear ya nap. I think I will just chalk this one up to experience may even skip the apeal. MOPAINT

nap

Ahem!!!!

mdshunk

He can most likely also say that you didnt' own any ladders to accomodate his weight, and he can further state that his weight didn't change while he was employed.

BMAN

Hey I run 340, all my ladders are Type 1a, and I climb all of them. (used to) Its good to be king......

AtlanticWBConst

Fired a kid with no warning Jan 2007. = loser

He threatened me at the end of the day on a job. That gets no warning.

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xkv8r

It has happened to me many times. This was the latest about year and half ago. My friend had a concrete business , and we would trade labor. He ended up going out of business, and his brother came to me looking for work. This guy was hard worker when I saw him work , so I thought. In a 2 week time span, he showed up for 4 whole days, and would come late and make a b.s. excuse to leave early. I don't see the guy for 2 weeks and he calls me and said he had broke his ankle.LUCKILY not on my job. About a week after that , DEA and police show up at my office looking for him, (my mom who is secretary, and was undergoing chemotherapy), sees someone walking around outside. She sticks her head out the window to see what they want .They have the full bullet proof vests and hoods,guns, and ask where this guy is .My mom says to them "he was here about 4 days in 2 weeks ,and I heard he broke his leg and he never came back. They leave, and about 2 months later I get a letter from the unemployment office,saying he is trying to collect unemployment , I laugh , send them the records , I thought it was over . WRONG , next thing you know he is collecting unemployment against me. I write back in disgust to no avail. What a crock of b.s.

MHMConstruction

just say "he quit..."

used to work for me all the time in NC

can't stand lazy folk trying to milk the system

SelfContract

Too late for a lesson learned.

Railman

The main problem is the system. Unemployment offices prefer to give out money, so they can keep their job. The more people that draw, the more job security they have. They could care less whether it's a just claim or not. I went through similar claims, & it's near impossible to contest a claim. I particularly have a problem with the ones that file against 1/2 dozen employers, each with just a week or so each of employment. They are simply leaches.

Joe

wizendwizard

hmmmm, I'm 256 and 6'7" that don't make me a fat guy. And certainly no man boobs either. lol

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Double-A

The following is what we use for job abandonment.

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GSE

From now on forward, when you hire an employee, make sure you notify them in writing that the job is not secured until 90 days have passed and hios skills have been accepted for employment.

This gives you time to see what the employee can do, my neighbor painter does this, he pays $24 an hour for painters and always has a backlog of guys wanting a job.


You should of assigned your guy to paint the top of the local radio tower, took him out there on a windy day, and when de either refused or din't show up, fired him for cause.

SelfContract

Labor Law (sucks) ::

If you work for private companies, that labor-contract stipulation is called "Conditional Employment". (~ 3 or 6 months)

If you work for Government agencies (Fed, State, etc.), is its called "Probational Period". (~1 or 2 years).

"Firing" or "termination" anytime during this initial trial period is unconditional or un-binding and at the employer's will or employer's discretion based on employee performance and/or other unknown factors (in favor & protection for the employer and not the employee's favor).