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  • unemployment laws

    Here are some questions I have:

    Suppose you work 30+ something hours on a 4 day work week, you
    recieve benifits through health care and have been at the company many
    years.

    If you are laid off, is your company obligated to pay your unemployment ?

    I ask this because I understand you are supposed to be willing to
    work full time. What exactly qualifies as full time ? How many hours ?

    If for some reason the company claims you where not willing to work full time, would they have had to specifically said we are laying you off because
    you are not full time and at that time offer you full time work ?

    In other words would they have a problem if they laid you off and just said we
    are laying you off and later when you file for unemployment claim that you where part time without ever mentioning that was the issue at the time they laid you off ?

    This is more of a hypothetical situation I m curious about.

  • #2
    Well, to be absolutely accurate, the company never pays your unemployment. The state does, based on the company's account.

    Whether the employee would be eligible for unemployment would depend on why he was chosen for layoff. If it was a true layoff (the word is misused more often than it is used correctly - in a true layoff the employee is subject to recall) he would almost certainly qualify. If, rather, layoff was a polite word for firing, it would depend on why this employee and not another was, let's be blunt about it, fired.

    Massachusetts state law does not define full time. Full time is what the employer says it is. If the employer has been using 30-something hours as a full time basis, they can't suddenly turn around and call it part time to prevent UI.

    The state is pretty savvy about such subterfuges, on both the employer and the employee side. You can bet that they know what questions to ask. And don't forget, in a UI hearing, you get to ask questions of the employer too. One of your questions, for the UI adjudicator to hear, could certainly be why this was the first time you were hearing that you were supposed to be part time.
    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
      If they claim you are part time, can they deny unemployment even if you
      are salaried at more than 50K, and recieve medical and dental insurance as an employee ? Where does it list your official status as full/part time ?

      Comment


      • #4
        The employer cannot deny unemployment no matter what the circumstances. Nor can they grant it. It is the state's call whether you receive benefits or not in all cases. The employer can contest benefits but the state will decide whether you receive them or not.
        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.

        Comment


        • #5
          Unemployment Insurance

          Should an employer deduct unemployment from our bi weekly wages? I worked in NJ an this was a bi weekly deduction.

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          • #6
            Originally posted by md525 View Post
            Should an employer deduct unemployment from our bi weekly wages? I worked in NJ an this was a bi weekly deduction.
            It is best not to attach your question to a thread that is 8+ months old.

            Nevertheless, not a single penny of your taxes goes to the unemployment trust funds in MA, therefore the answer to your question is no.

            NJ is apparently one of very few states that takes a deduction for unemployment tax purposes from the employee.

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            • #7
              The proper place for a NJ question would have been in the NJ forum, not the Massachusetts.
              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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              • #8
                Unemployment Insurance

                What are the standard taxes that should be taken out of a bi weekly pay date in Mass?

                Comment


                • #9
                  Federal, state, FICA, Medicare.

                  Also, any deductions for benefits that may apply (401k, health insurance, etc.) can also be deducted,
                  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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