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Employer refuses to do permanent layoff North Carolina

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  • Employer refuses to do permanent layoff North Carolina

    My husband is one of two drivers working for our neighbor's logging company. When he took the job he had an agreement to do a specific type of haul due to a knee replacement he had a few years ago which was no problem with his boss. Since then that work has gone away due to lost contracts and companies closing (hauling lumber). In November of 2008 work became scarce and his boss says he hardly has enough loads for himself, let alone for my husband too. After several weeks, we asked him to file attached worker unemployment claims for my husband since he was getting no work. They finally started doing this, although they often don't file the claims without being reminded and this week they filed it so that my husband won't even get his check this week. My husband asked him today if he could just lay him off permanently and he wouldn't have to deal with the claims anymore. His boss agreed. But when he got ready to leave he was asked to sign a paper stating he left the company of his own free will. Since this is the same as quitting, he refused and said I thought you were laying me off. His boss refuses to do this. Yet he'll continue to file attached claims. ?? Could my husband quit and still draw? His boss flat out told him he doesn't have work for him but he still won't permanently lay him off, he wants him to quit. My husband plans to look for other work, but we need to be able to count on the unemployment coming on a regular basis.

  • #2
    Your state is not my state, so this is going to be a VERY soft answer. Something you said does not make sense. In my experience the employee files the wage claim, and the state gets to decide if the claim is valid. At what point the claim is approved, the employee each week or two weeks or whatever simply declares any wages earned. The employer being involved in the process past that point is unusual, even unheard of my experiece. It is normally just the state and employee involved.

    Just to be clear. Has the employee actually formally filed a UI claim with the state? Has the claim been approved? Has any UI funds been paid by the state to the employee?

    I am in complete agreement that the employee does not want to sign paper saying that they quit, but I have never heard of the employer uttering the magic words "you are terminated" being a pre-condition of drawing unemployment. The lack of work by itself should have been enough, if your state's rules are anything like the rules of the other states.

    I will also say that the employee asking the employer to be permanently laid off was a mistake. That is a conversation that should not have taken place.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      The employer files claims for attached workers. These are claims that are filed when the employee is not working the equivalent of 24 hours or more per week. These are done when the employee is still considered employed by the company, but the company can't provide a full weeks work. Usually it's for a short period of time with the understanding that there will be work again in the short term. The employer does normally file these in NC. However, this has been going on since mid-december and the employer stated today he doesn't know when there will be work. So what my husband wanted was for the employer to just go ahead and say ok, there won't be any more work, you are permanently laid off. Then we would be responsible for filing the claims instead of depending on his boss.


      • #4
        I just went onto the NC UI website and I saw nothing to suggest unless you were permanently laid off, there could be no benefits unless the employer filed on behalf of the employee.
        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.