WTF!! I just found out I had an employee file for disabilty (?)

aceduecetrey · Feb 12, 2008

I need to run out the door, but figured I would post this and read the responses when I get home later. Anyone know how this works? He was only on the books for $80 per week and I laid him off because I wanted to spend more time up there and get a handle on what is going on first hand.

How does this work? How long can he stay on it? How much will he be getting a week?

I have had other employees (bartenders/waitresses) file and I always fought it and it got declined (four times in total) because I fired them for cause, but this guy it was really just becuase I wanted to pick up hours and he was the weakest link in the chain.

Anyone have knowledge of unemployment laws in Florida?

I should be back at around 5am and I will check in then. Thanks all and good luck!

HarryCaray · Feb 12, 2008

Filing for disability and filing for unemployment are quite different, no?

BEANTOWNJIM · Feb 12, 2008

IF HE IS FILING FOR DISABILITY YOU ARE F-CKED THIS MEANS HE IS LOOKING TO BECOME PERMENTALLY DISABLED AND GET CHECKS FROM THE GOVERNMENT.ITS HARD TO GET DISABILITY HE MIGHT SAY HE GOT HURT WORKING FOR YOU THEN YOUR SCREWED BECAUSE NOW YOU ARE LOOKING AT LAWSUITS

WVU · Feb 12, 2008

You will only be obligated for a small portion. What will happen is your unemployment insurance will go up. You did lay him off so he is elligible. He will qualify for about $40 a week if it was his only job.

GameBreaker · Feb 12, 2008

I work in short term disability insurance, and unemployment is much different that std. some states have statutory disability, but I do not believe florida is one of them. I may be wrong

shdw01 · Feb 12, 2008

In hawaii, it is state law that employers get disability insurance.

if someone files a claim, the employer (you) will not pay any part of their partial compensation. (however your premiums go up)

your description sounds like unemployment though

HarryCaray · Feb 12, 2008

shdw01 said:
In hawaii, it is state law that employers get disability insurance.

if someone files a claim, the employer (you) will not pay any part of their partial compensation. (however your premiums go up)

your description sounds like unemployment though

I believe it is the same situation w/ employment. Employer does not pay any of the claim but unemployment premiums go up.

However, for a $30-40/week claim (which can only be paid for a certain period of time in most cases) it should be minimal.

Sounds like the bigger problem is he was only "on the books" for $80 a week. You make it sound like he was getting partially paid under the table. If so, and he claims his full income, you could have some questions to answer.

BAGIANT · Feb 12, 2008

Disability isn't that easy to get. My GF went through about 4 years before hers was approved.

Timetopay · Feb 12, 2008

ok i am in florida and in insurance so I will clear this up

No there is no mandatory disability and would be shocked if Acey has a group disability plan for a bar.

The probability is he is talking about unemployment and im sure he will win if he shows due cause.

HarryCaray · Feb 12, 2008

Timetopay said:
The probability is he is talking about unemployment and im sure he will win if he shows due cause.

From what I understand, there was not due cause for termination. Rather the employee was laid off due to a lack of available work.

I would be more worried about the 80 hours "on the book."

BlackBart · Feb 12, 2008

Two issues here, I believe. Unempolyment compensation and what is commonly called worker's compensation.

I am almost certain that an employee laid off is eligible for unemployment compensation. I just laid off one--and terminated another--in the state of Florida just today. I expect that the laid off worker (lack of work) will file and collect. The terminated employee will most likely file and I'll appeal. There will be a hearing--most likely by phone--and I'll win because I have more than enough documentation.

It sounds as if this employee is claiming that he/she was injured on the job. These are more complicated. I suggest you find a good worker's comp attorney--these guys have experience with the system--because, most likely, the "injured" worker will find one of those ambulance chasers who advertise on TV. Depending on the situation, there's some paperwork involved--person goes to their doctor who says they're injured for life and then your lawyer sends them to a doctor who says they're fine. Normally a settlement can be worked out. If not, there's usually a county or a state arbitration hearing. If the case can't be settled in arbitration, then it goes to a trial. I've never had one go past arbitration.

I'm not sure where the $$$ comes from to pay the settlement. If you don't have unemployement insurance, my guess is that you pay out of your pocket. I have worked for large corporations here in Florida--I'm not sure how a guy like yourself in the small business world would fare.

What exactly is the "injury" claimed by the employee?

1cheater · Feb 12, 2008

How is it possible that a bunch of degenerate gamblers know so much about everything and spend all their time here?

anxietyattack · Feb 12, 2008

#1cheater# said:
How is it possible that a bunch of degenerate gamblers know so much about everything and spend all their time here?

Because approximately 30% of the people here are now collecting disability or they have gotten it in the past.

Rev_Al · Feb 12, 2008

#1cheater# said:
How is it possible that a bunch of degenerate gamblers know so much about everything and spend all their time here?

very true...

apparently we have an unemployment statistician as well :103631605

aceduecetrey · Feb 13, 2008

Sorry people, it is unemployment that he is trying to get.....

I was wrong when I referred to disability, even though that is one of the reasons he was only on the books for $80 per week.....

It is unemployment though that I was inquiring about.....

gynecologist · Feb 13, 2008

I think the employer has to pay a small % of the amount the former employee receives. Considering the most you paid him is $80 a week he is going to get the mininum amount.

No big deal for you.

BlackBart · Feb 13, 2008

No big deal and, like I said, if the employee was laid off they are most likely entitled. I don't think anyone can collect more than 50% of their salary in unemployment, but I'm not sure.

If the person was terminated for cause, I would appeal and go through one of those phone hearings. I've been pretty successful wiith those, though I have lost a couple that I thought I should have won.

I'm in a bit of a tough one now: we lost a major account in the Miami area and I had to lay off 3 service people. We essentially eliminated a few positions--people that weren't as qualified as others and therefore, less flexible. We made the decision with HR, fired up all the paperwork, and then waited a few days for the term paperwork/severance checks to arrive in Miami. In the meantime, one of the guys notifies the manager there that he has a very serious medical condtion on a Thursday afternoon and we let the guy go on Friday morning. He's suing us, claiming that we made the decision to let him go because he informed us of his medical condition. It didn't take much to prove that was not the case, but you never know how these things work out. Still pending.

billhill999 · Feb 13, 2008

stuckinvegas said:
Disability isn't that easy to get. My GF went through about 4 years before hers was approved.

I didn't have a problem when a fvcked up my back moving pallets.

Timetopay · Feb 13, 2008

You all are again talking about two different things.

Workers Comp and Unemployment.

PBR · Feb 13, 2008

Timetopay said:
You all are again talking about two different things.

Workers Comp and Unemployment.

I always try for both, hoping to hit at least one of them...I've even thrown in sexual harrassment and played them as a parlay.

WTF!! I just found out I had an employee file for disabilty (?)

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