Question about unemployment

Submitted by Ok_Sorbet9577 t3_1180tsc in massachusetts

My husband works for a family run business in Ma. A couple years ago the son and his wife took over the company. His wife has no HR or office experience in management but is the one making the rules for the company. The last year or two has been horrible for hours. The bosses want to buy up as many smaller businesses so they can have a monopoly in the area on home heating oil but problem is they hire way to many workers and don’t have enough hours to make full time a week. My husband was hired for full time and has been there 8 years. They use to lay people off in the spring when oil purchasing went down. Unfortunately we have been told the company no longer offers unemployment to their employees cuz it’s to much paper work for the wife. If any worker mentions unemployment they are written up or fired. And if they fire you the lazy ass wife will have a fire under her butt to do all the paper work to screw you out every trying to get unemployment cuz you were fired. Is this legal? He has been trying to find another job but he makes $32 an hour and we having a hard time finding another job that pays that much. We hang on cuz when it’s full time the money is great but past year in a half we are feeling the pinch.

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fauxpublica t1_j9eoijp wrote

It isn’t legal. Most employees are covered by UI, although not all. An oil company would most likely be covered. It doesn’t mean some employers don’t fire people on trumped up claims for collecting. Happens too frequently.

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Ok_Sorbet9577 OP t1_j9eou9l wrote

It sucks! Why can’t owners not be human. They are literally playing with people lives. It’s so hard right now and I only see it getting worse. I want him to find a new job so bad but how do you know your new boss won’t be even more evil.

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fauxpublica t1_j9ep7js wrote

It’s tough. Some people suck. Nothing is free though and they are paying a price somewhere for their actions. Try to focus on what is good about the job (the hourly rate sounds great) and try t accept and not focus on their greed. there are greedy employers everywhere. If he gets laid off for lack pf work, you can decide what to do then.

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Ok_Sorbet9577 OP t1_j9es01c wrote

The problem is they refuse to lay off when there is no work. This has only been a new “rule” when the son took over. Before that every March the guys would be asked who wanted the lay off since oil season was closing. Now since the wife doesn’t want to do paper work she refuses to allow unemployment. I guess we are just screwed like all the other employees trying to just live while owners and CEO’s keep getting rich. I can’t wait for these two idiots to run a business that been around for 4 generations and over 110 year into the ground because of personal greed.

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Gold-en-Hind t1_j9eu62g wrote

There is no "allow," only the law. Yes, employers skirt around it, but it looks their decision is to cut hours so quarterly earnings are shot for eligibility. "Paperwork" is gaslighting, whatever their actual reason is, because there's more 'paperwork' with more employees working (more workers = less hours, no matter the oil season). "Last year or two" means they're doing okay.

Change is inevitable.

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hereforbeerz t1_j9f2l5c wrote

You can contact the MA attorney general office and let them know his bosses are trying to get out of paying UI. I don’t think threatening people with job loss is legal. Figuring out how to keep people in their business employed is their job, not yours or your coworkers.

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Walmart_Prices t1_j9f0kfb wrote

If she doesn’t like doing paperwork and the work environment is like that. I would say leave never get comfortable at a job and just stay cause of the pay. In the long run it doesn’t mean nothing when you get treated like a mule . I’ve seen oil delivery postings 25+ starting and your husband has experience so shouldn’t be a struggle to find anything .

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Ok_Sorbet9577 OP t1_j9f1gim wrote

Yes unfortunately we are looking. He had been with the company 8 years and had loyalty that why we have hung on. Unfortunately oil season is almost closing so he won’t be able to find a new one till the fall. Unfortunately until he finds a job making over $30 to support us then we have to put up with the environment. I would love for him to tell them to go screw cuz he is an awesome employee and anyone would be lucky to have him. But we have kids that need to eat so something is better then nothing. I know you may see jobs offering $25 for oil but it’s usually temp work and $25 is after mandatory overtime. You see a lot in the trucking business they will put pay up to $40+. When you inquire about these jobs that pay is “if” there is overtime and “if” it’s a state paid job or regular job. Employers are sneaky about wording on pay

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Walmart_Prices t1_j9f2c4v wrote

We’ll best of luck I know it’s tough when already adjusted to a certain income. But yes I’m aware of the sneaky wording they often use to make the job more attractive. But I have seen a lot guessing he has a cdl and if he does he should be good it’s a high demand in this area

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Ok_Sorbet9577 OP t1_j9f517s wrote

Thank you for taking the time to help. Yes he does have a cdl. I’ll have him start looking more at trucking jobs.

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tyws t1_j9fejev wrote

Call the labor board. What they are doing can be seen as criminal acts

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Gold-en-Hind t1_j9eq66d wrote

UI taxes are already paid. Of course they can offer it…if you qualify - they most likely cut hours so you don’t. Nothing illegal there.

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Ok_Sorbet9577 OP t1_j9erjzr wrote

He was hired for 40 hours a week for full time, shouldn’t if the hours drop employees get to file? It’s so confusing. I wish the boss would of text everyone why they can’t use unemployment then we would have proof.

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Gold-en-Hind t1_j9estyi wrote

Eligibility for MA UI benefits goes by quarterly earnings, not hours, so he may still qualify at this time, whether or not employer signs off. Not sure how it works for out of state employees.

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Unique-Public-8594 t1_j9f1skp wrote

Better to switch jobs where he can get better hours.

40 x $25 + happiness > 10 x 35 + misery

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Ok_Sorbet9577 OP t1_j9f669y wrote

Yes we are looking. Sad we are even looking to move to a state with lower cost of living just so we can live a little more comfortably. Ma is becoming a state that you just can’t make it anymore. We make usually $80000 a year and live pay check to pay check. We rent hoping and praying it doesn’t go up and we are on the street. There is no middle class anymore and you can’t survive in Ma anymore. Anyone know a good state for truckers with low cost of living but good paying transportation jobs?

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Walmart_Prices t1_j9f1w58 wrote

He’s right it’s a loophole they hire him for “full time” meaning it’s a guarantee of 40 meaning he gets 40 over other employees seniority is how it goes. And in the event where they cut hrs, anybody that has years with the company gets the most and then trickles down.

That company is just doing the same loophole which is “not illegal “ to avoid the layoff leading into a unemployment payment

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Ok_Sorbet9577 OP t1_j9f5r9i wrote

People are so disgusting using loop holes. This is peoples lives they are messing with. I wish someone out there in our government actually cared about the people of this country who are struggling everyday to just live while CEOS and company owners are using loop holes and other nonsense to divide the wealth and keep people as underpaid barely scraping by. My heart hurts for all the others not making it. We are barely getting by but at least we can get by. I think of all the kids going hungry or no where to live cuz of greed.

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Training_Sail_5996 t1_j9glypl wrote

Pretty sure that's illegal. Employers pay money into that state fund every time they do payroll. They've already "paid" the unemployment. The state disburses it to a person when they make a claim.

Im not in HR so don't quote me. You could also try the attorney generals office or contacting your state representatives for clarification.

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All_or_Nothin t1_j9i73pl wrote

Unemployment insurance is funded by a tax employers pay on their payroll. They are supposed to pay this tax to the state on a quarterly basis. They do not run the program. They cannot choose to offer Unemployment Insurance or not. It is not up to them.

Unemployment Insurance is a Federal/State run program which was designed to help workers who lost a job through no fault of their own. UI is not a benefit an employer can withhold. The employer cannot legally prevent you from filing a claim. Only the State UI Division can determine if you qualify. You do not file UI through your employer. You file through the State.

If you file a claim and the employer retaliates and fires you, that is against the law. In order for you to be denied UI the employer would have to show just cause...i.e. have a good reason for firing you. There would have to be documentation of things like warnings, disciplinary write ups, etc. The employer has to prove you were fired with cause.

It's possible this company isn't paying their UI payroll taxes and thus doesn't want the State looking into a UI claim. If someone files for UI the first thing that happens is that the claims system looks at the wage record file to see the employee's earnings as reported quarterly on the employer's payroll tax submission. That's how they determine if you meet the quarterly earnings requirement for UI. If the employer is not reporting or not submitting their taxes that will trigger an investigation and a fraud investigator will be sent out to audit their books.

If you think something fishy is going on you can always call the UI division and tell them your company prevents its employees from filing for UI. You can file an anonymous fraud complaint.

Source: I used to work for the department that oversees the UI division.

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Ok_Sorbet9577 OP t1_j9jkjhc wrote

Thank you! They use to offer unemployment in April when the kids didn’t own the business the parents did. Oil season dies down in April/May (past 2 years it slowed down in March) so they would offer voluntary lay off cuz they didn’t have full 40 hours for all drivers. Then about the last 2 years they stopped allowing lay offs saying it was to much paper work. So now the drivers just deal with some weeks have 40 hours and other weeks have 28 hours. They refuse to lay off. You can’t file a claim just for lost hours until they lay you off. Employees have been told if the owners ever hear the word “union/unemployment” your immediately terminated.

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Any_Advantage_2449 t1_j9gyqro wrote

Document all of this and when you file unemployment and they deny it appeal it and an investigation will happen. They will get what’s coming to them.

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pillbinge t1_j9gz9cj wrote

Rule of thumb: you don't get out of legal requirements because you don't like the paperwork involved.

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92prod t1_j9gleev wrote

dm me please, id like to not support this kind of company.

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Ok_Sorbet9577 OP t1_j9jkyir wrote

I’m sorry I can’t give company name. I don’t participate in cancel culture and if I did they would lose business which would hurt all the employees. At least this unemployment thing sucks but they pay decent hourly and leave the drivers alone 🤷🏻‍♀️. I wouldn’t want to see other families go without pay cuz I did that. They will kill the company without my help.

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