Forums
Employee keeps changing his workweek schedule to work around other job
Legal Forum
Employee keeps changing his workweek schedule to work around other job
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I have an employee who has been working for me full-time for a few years. He recenltly gave me a two week notice as he had taken a new job. Two days later, he said he misunderstood the other job and i
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:ee9d1827-4ffa-43d8-bb56-a0a5eaf22f43
Forums » Topic Forums » Legal Forum » Employee keeps changing his workweek schedule to work around other job
Forums
»
Topic Forums
»
Legal Forum
»
Employee keeps changing his workweek schedule to work around other job
|
Employee keeps changing his workweek schedule to work around other job
posted at 1/10/2013 8:39 PM EST
on Workforce Management
|
Posts: 1
First: 1/10/2013 Last: 1/10/2013 |
I have an employee who has been working for me full-time for a few years. He recenltly gave me a two week notice as he had taken a new job. Two days later, he said he misunderstood the other job and it was not full-time. This worked out great for me because I really only needed him part-time and we worked out a part-time schedule that involved him coming in shorter hours everyday. Now, he's asking me to work around his other job in ways that don't really work for our business such as only two days a week and our slow days. Anothe employee told me that he's not even going to another job on those days off but I didn't hear that from the actual employee so I don't know what to think of that. I'm concerned that he's trying to get me to fire him and then he's going to seek unemployment. How should I proceed? |
|
|
Re: Employee keeps changing his workweek schedule to work around other job
posted at 1/11/2013 5:55 PM EST
on Workforce Management
|
Posts: 174
First: 9/20/2011 Last: 2/11/2013 |
In Response to Employee keeps changing his workweek schedule to work around other job: I have an employee who has been working for me full-time for a few years. He recenltly gave me a two week notice as he had taken a new job. Two days later, he said he misunderstood the other job and it was not full-time. This worked out great for me because I really only needed him part-time and we worked out a part-time schedule that involved him coming in shorter hours everyday. Now, he's asking me to work around his other job in ways that don't really work for our business such as only two days a week and our slow days. Anothe employee told me that he's not even going to another job on those days off but I didn't hear that from the actual employee so I don't know what to think of that. I'm concerned that he's trying to get me to fire him and then he's going to seek unemployment. How should I proceed? Posted by BusinessOwner I am sure that you really don't want to spend a lot of time on this issue. The good news is that you do not really have a full time job that needs filling and that savings is multiples of the cost of an unemployment claim. Remember the cost of the unemployment claim to you is potentially an increase in the rates. You do not pay the cost of the claim yourself. Dump this person and move on is my advice. When the claim comes in respond by saying the employee could not or would not work the required hours. Thus you had no choice................. |
|
|
Re: Employee keeps changing his workweek schedule to work around other job
posted at 1/12/2013 11:58 AM EST
on Workforce Management
|
|
Posts: 173
First: 9/29/2011 Last: 2/11/2013 |
Don't dump him...that'll incur UI costs. Do the Nancy Reagan thing and "Just Say No". You're the business owner, you set the hours. If he can't work the hours, he can quit or you can discipline; either way you [probably] don't pay UI benefits |
|
|
Re: Employee keeps changing his workweek schedule to work around other job
posted at 1/12/2013 6:46 PM EST
on Workforce Management
|
|
Posts: 174
First: 9/20/2011 Last: 2/11/2013 |
In Response to Re: Employee keeps changing his workweek schedule to work around other job: Don't dump him...that'll incur UI costs. Do the Nancy Reagan thing and "Just Say No". You're the business owner, you set the hours. If he can't work the hours, he can quit or you can discipline; either way you [probably] don't pay UI benefits Posted by nork4 Nork= Normally I would totally agree. Small business, malcontent, discipline process, bad egg in group, etc. Low cost if any to remove immediately. So I would vote for moving on. Business owner- You will be ok whichever approach you choose. |
|
|
Re: Employee keeps changing his workweek schedule to work around other job
posted at 1/13/2013 7:14 PM EST
on Workforce Management
|
|
Posts: 173
First: 9/29/2011 Last: 2/11/2013 |
The bad egg possibility exists for sure, but there's been no allegations of such. Just someone apparently trying to work the system to his advantage. Take that avenue away and either the employee quits or the situation resolves. |
|
|
Re: Employee keeps changing his workweek schedule to work around other job
posted at 1/14/2013 3:51 PM EST
on Workforce Management
|
Posts: 147
First: 9/21/2011 Last: 2/12/2013 |
I have to agree with Nork. Give this employee the schedule you need him to work. Either he can or he can't. Give him a specific amount of time to make the decision on whether he is going to work your schedule or not. Especially since he is the one who initiated the part-time request in the first place. of course it is state dependent and you didn't state which one you were in.....but the fact that it was his choice to first resign then he asked for PT hours will help any UI case. Plus the fact that the money earned at his other job will generally lower the claim against you. |
|
|
Re: Employee keeps changing his workweek schedule to work around other job
posted at 1/14/2013 9:01 PM EST
on Workforce Management
|
|
Posts: 5
First: 9/22/2011 Last: 1/14/2013 |
Don't let employees maniupulate you into firing them. The cost and annoyance of documenting noncompliance with company structure is a lot less than (a) an increase in UI and (b) the effect on your other workers. You da boss. |
|
|
Re: Employee keeps changing his workweek schedule to work around other job
posted at 1/15/2013 10:16 AM EST
on Workforce Management
|
|
Posts: 174
First: 9/20/2011 Last: 2/11/2013 |
In Response to Re: Employee keeps changing his workweek schedule to work around other job: I have to agree with Nork. Give this employee the schedule you need him to work. Either he can or he can't. Give him a specific amount of time to make the decision on whether he is going to work your schedule or not. Especially since he is the one who initiated the part-time request in the first place. of course it is state dependent and you didn't state which one you were in.....but the fact that it was his choice to first resign then he asked for PT hours will help any UI case. Plus the fact that the money earned at his other job will generally lower the claim against you. Posted by rrupert Couple of points: In some states the employee will qualify for unemployment even if they voluntarily quit. Also note that you are changing the position from the original full time job to a part time job. In many states this change alone is sufficient to claim unemployment benefits. They will use the PT income as an offset to the UI entitlement. In order to win the UI claim you likely would need to leave the original position in place and show that he is unable to meet the basic job requirements. If you now show the job as PT you have changed the job and the EE will qualify for UI. |
|
|
Re: Employee keeps changing his workweek schedule to work around other job
posted at 1/15/2013 7:23 PM EST
on Workforce Management
|
|
Posts: 173
First: 9/29/2011 Last: 2/11/2013 |
This is going to come down to what would be allowed under state law. I believe that in most states, voluntarily reducing hours without good cause would be considered the same as a voluntary resignation and hence no UI benefits would be awarded. |
Forums » Topic Forums » Legal Forum » Employee keeps changing his workweek schedule to work around other job
