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Full time employee - No work

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  • Full time employee - No work

    My friend has been employed with a construction company for over three years, usually working approximately 40 + hours per week. About three months ago, the number of hours significantly decreased. He was informed that things were slow, but would pick back up.

    During the month of February, he was called into work maybe three times, working only 5 to 6 hours each time. At the end of the month, he received a letter from his medical carrier that his insurance was cancelled (due to special circumstances) and his right to continue coverage under Cobra.

    He spoke to the supervisor, who again reiterated that things would pick up. The following week he was told his insurance was reinstated. In order to help pay his unpaid bills (rent, utilities, etc) he was given paperwork to receive a loan from his 401K plan.

    The company has not terminated or laid off any employees, although some have quit. What options are available? If he quits, will he be able to receive unemployment? Should the company lay off employees during these slow times?

    Any information you can provide would be appreciated,

    Thank you.

  • #2
    He has, to all intents and purposes, been laid off. The fact that the employer has not come out and said so doesn't matter.

    He is free to apply for unemployment and see what happens.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      This is not my area of expertise, but my understanding is that the employee does not need to be terminated to file for unemployment - that being employed but not paid is probably enough.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        My understanding as well, cbg.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Originally posted by cbg View Post
          He has, to all intents and purposes, been laid off. The fact that the employer has not come out and said so doesn't matter.

          He is free to apply for unemployment and see what happens.
          Ayuh. The company does not have to give a notice that someone is laid off. If you are not working, you have either been laid off (which may be temporary) or fired. Either way, file for unemployment.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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