I am an employer of a small Electrical Contracting Company. We are going through a very large growning spirt and my lead Journeyman is becoming disgruntled with the work load. He is unhappy when it is slow and unhappy when it is busy. We are currently on a week with four 10 hour days. I ask, not demand that they work and I have been getting some flack. Can I demand this schedule and if he so chooses not to work it I understand that he can be fired but can he gain unemplyment benefits? We have no contract, our policy states that the work schedule is set depending upon our work load.

He is also pushing the lunch break and regular break issue. I offer them two 15 minute paid breaks and one 30 minute lunch break. If they choose not to take their lunch they are either paid or allowed to leave early. What is the Oklahoma Law on this subject.

If I do terminate his employment and he collects unemployment will it raise the percent that I pay by much?

I am concerned as to how far to push the envelope due to one past unemployment claim. I discharged an employee during the 90 day probationary period, as to which I had him sign an employee notice that he was on probation and could be terminted for any reason during his first 90 days, and essentially when they asked what my reason for discahrge was, instead of saying ONLY that I let him go during his probation, I told them that I felt that he was misrepresenting his level of job skill and speed on the job any he was terminated during his probation, they awarded him benefits.

Thank you

Oklahoma law doesn't require you to provide any breaks. Federal law (the Fair Labor Standards Act) dictates that if a break is shorter than 20 minutes, it must be paid.

It sounds like this guy is something of a chronic complainer, so I'm not sure that you can ever make him 100% happy. As the employer, you set the work hours. I'm not sure that anyone here is familiar with OK unemployment and how it would rule on this case, but I would suggest that you start documenting any issues that you have with this employee so that you have a paper trail if needed.

Probation doesn't really mean anything, unless there is something in the OK UI law that exempts the discharging employer's account from being charged. Generally speaking, whether or not the employee is in a "probationary" period (which I would never call it, as it implies that once it has passed, the employee has a "permanent" job, which you don't want to imply).

I agree with both Marketeer and Patty.

I would never advise an employer to base a termination solely on whether or not they may be liable for unemployment. However, that should be a consideration, just not the prevailing one. If you are concerned, then you must begin to document these matters most especially in the form of progressive discipline. You set the schedule ... if he refuses to work as scheduled, it should be considered insubordination. While you can certainly terminate him based on the first instance, if you are concerned with unemployment, then I would issue him some progressive discipline before terminating him. It will make for a stronger case.

In your prior experience, you were properly deemed liable for unemployment based on the info you provided. In discharge cases, the burde lies with the employre to prove willful and deliberate misconduct. Unless that worker lied on his application and you could prove so, then there was no misconduct. In unemployment, incompetence is all but an affirmative defense.

Because you are a small company, one claim may have an effect on your experience rating in the following rating period, but generally one claim will not have a tremendous effect.

When you say use documentation, should I write out the particular instance and have him sign the form to show that we discussed this issue? What if he refuses to sign? Is that also considered insubordination?

My husaband and I are partners in this company. My previous work experience comes from Hotel and restauraunt management. I was a DM for 2 years and GM for 5 years for the Denny's corporation. The situation was some what different, it seemed easier to prove misconduct. Due to the level of education and experience that some of the employees held they were much easier to replace. The company also had very clearly stated employment guide lines in place and an HR Department.

With a "Mom and Pop Shop" having 4 employees, the lines seem to be gray for me. I am not basing my decision as to discharge him or not on unemployment but, a small company can't take any kind of financial hit. As we all well know it is easier to cut down a schedule and allow the person the option of a voluntarily quit.

It is my opinion the OK Unemployment Laws are made to protect the employee not the employer.

You're absolutely right. Unemployment laws in all states ARE to protect the employee. That's the whole purpose. Where did you get the idea that the law was there for the employer's benefit? :)

Documentation can be either your private notes, notes of your conversations with him, or both. It will certainly help any appeal of unemployment benefits that you may make if you can show that he was provided with warning and it will help even more if you have his signature; I have won unemployment appeals SOLELY because I was able to show written notices with the employee's signature that she was aware that her job was in jeopardy if the behavior in question continued. If he refuses to sign, document that. Yes, it can be considered insubordination, but that alone may or may not be enough to disqualify him for benefits.

The bottom line, however, apart from unemployment issues, is that YOU own the company. YOU make the rules. He either abides by them, or he's out, with or without unemployment.

BTW, one claim will not necessarily increase your UI hit.

When I wrote the Company Policies, which I have them sign during the orientaion, I listed that when our Probationay Period of 90 days ends that we will then evaluate their performance and asess whether or not the employee becomes a permanant memeber of our staff. Does that not provide a safety net for me?

Do you have any suggestion as to where I might find an easily accessable source of information to write the employee hand book in keeping with the OK State and Federal Laws?

A safety net, possibly. A suit of armor, no. :)

I have a couple of ideas for the handbook but I'm not sure how strong they are on OK law. Let me take a look and I might have a link or two for you later.

Thank you to all of you, for your help. I will check back for that information.

I work for a local company and I work 4 days a week my problem is that we often work 10 to 14 hour days. Am I entitled to a lunch time or a break of any kind. my boss says we arent allowed any break of any kind other than a quick bathroom break.

I work for a local company and I work 4 days a week my problem is that we often work 10 to 14 hour days. Am I entitled to a lunch time or a break of any kind. my boss says we arent allowed any break of any kind other than a quick bathroom break.

It is really a lot better if you start your own thread rather than tacking on to an old one.

Your boss is correct. Neither Federal law nor the laws of Oklahoma (I assume that is where you are) require meal or other breaks.

[QUOTE=ScottB; Neither Federal law nor the laws of Oklahoma (I assume that is where you are) require meal or other breaks.[/QUOTE]

As had already been explained, had the hijacker of the thread actually read the very first response in this thread. :(