November 2011 Moms

pissed about work!!!

So my boss agrees to lay me off (since pa doesnt have maturnity leave benefits) during my 6 wks so I can collect unemployment then r-ehire when I'm done. In turn I was going to have a close friend of mine( with exp. in my job so no re-training need) come in the office as my replacement. Well now all of a sudden he can't lay me off because he could get into trouble for laying me off and hiring someone else unless its from a temp company. So my question then to him was "So are you opposed to hiring a temp?" so that I can collect. He's answer, "Well yeah it'll cost me more to go through a temp agency so I'm gonna just use your friend". Which he would have to do anyway or hire someone else F/t if my friend didnt agree to come in. WTF??? So I'm suppose to still get my friend to fill in for me to help you out so you don't have to interview ect. but in the meantime screw myself because you don't want to hire a temp. Am I wrong in my thinking here?
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Re: pissed about work!!!

  • I'm confused.  Maybe.

    Is the problem that he now can't lay you off, which means you can't collect unemployment?  Because other than that, it sounds like he's doing what you asked (giving you 6 weeks off and letting your friend fill in for you). 


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  • Wait, what? He's going with your original plan to have your friend fill in for 6 months and then hiring you back, or are you saying he's hiring your friend permanently and not hiring you back, or something else entirely? I'm so confused by this post.
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  • exactly now he can't lay me off so i can collect unemployment. Its not like he's giving me something its state law to allow 6 wks leave.
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  • sorry ladies i changed up the post hope its more clear now...i was really mad when writing...lol
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  • You can collect unemployment if you are not working - you can be employed, but not working and co0llect unemployment.  So if your employer has no work for you and you are on leave, but still an employee, you can collect benefits without being actually laid off or let go.  HOWEVER, in order to collect benefits, you have to be AVAILABLE for work and have a good work related reason for not working.  And when you have a baby, not released to work by your Dr, you are NOT available for work.  So whether he lays you off or not, you are NOT eligible to collect unemployment because you are not available for work.

    Your employer is not screwing you over - unemployment is simply not allowed in your circumstances regardless of what he does -unless you are cheating the system and being dishonest.

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  • pghjenpghjen
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    I don't think you can collect unemployment while on maternity leave - you have to be eligible to look for a job and go to work daily, which you won't be able to do.



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  • In what world is it right, or even allowable for you to collect unemployment while you are on maternity leave (and thus not actively looking for a job)? It sounds like you are trying to play the system. If that is the case, I don't feel sorry for you. I saved up for my maternity leave - why should you not have to do the same? ...sorry for typos, on my bb
  • So, you are pissed because your employer has decided not to help you file a fraudulent claim?  Yes, you are completely wrong in your thinking here.  Unemployment is NOT there for you to collect a paycheck while CHOOSING not to work and while you have a friend hold on to your job for you to return to.  Like someone else said, you have to be AVAILABLE to work and show that you are actively trying to find work.  FOr you to even be eligible, your employer would have to tell the state that you were let go because he didn't have work for you.  That is absolutely a lie.  The other option is for him to fire you for cause, which would make you ineligible anyway.

    Unemployment is is help keep families afloat while they are UNEMPLOYED.  It is not a way for you to scam the system to get paid maternity leave to which you are NOT entitled.  Your state requires that he give you 6 weeks leave, he is giving you 6 weeks leave.  Being pissed at him because he won't help you file a fraudulent claim so that you can get paid by the state for no reason is a not really a reason to get pissed at him. 

  • image BeccaMarie:
    In what world is it right, or even allowable for you to collect unemployment while you are on maternity leave (and thus not actively looking for a job)? It sounds like you are trying to play the system. If that is the case, I don't feel sorry for you. I saved up for my maternity leave - why should you not have to do the same? ...sorry for typos, on my bb

    I agree with all of this.

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  • Also, and not trying to be snarky (I know it is hard to make ends meet on unpaid maternity leave) but you are leaving an electronic trail of your plan to defraud unemployment through this post. However, I'm assuming that you didn't realize it was fraudulent since your employer seemed willing to go along with it. I can see how someone unfamiliar with the unemployment system might not realize that.

    Side note: I also think there is a waiting period of like 8 weeks before someone can start collecting unemployment anyway, so I'm not sure even if it was allowable in your circumstance that you'd be eligible to collect before you planned to return to work.

    I will also say that it really sucks that our county has a system in place that does not provide mothers even partially-paid time off for maternity leave, thus putting women in this position. I firmly believe we should do more to support families and it just makes me sad :-( 

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  • image b.heather:

    Side note: I also think there is a waiting period of like 8 weeks before someone can start collecting unemployment anyway, so I'm not sure even if it was allowable in your circumstance that you'd be eligible to collect before you planned to return to work.

    No - there is not an 8 week wait. 

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  • NO,actually I didnt know that this would be considered Fraud since he was the one whom brought it up in the first place. And first of all,I didn' ask for judgment on if I saved or not for maturnity leave! Not that you would know if I did or  since I never mentioned it in my email which is also none of your business! I find it funny how some of you are so HIGH and mighty on this board when answering pp's posts. Yeah,I know you never have done anything...your an angel....yeah I've heard it all before. ANYWAY,

    For others, thank you for your non-judgmental and informative posts which has put this topic in a different light for me,which is what I was asking for to begin with.

    Now I just have to work on getting a policy started in this company for my co-workers that will eventually have to go through this when they deceide to get pregnant.

     

    Thanks 

     

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  • image ateasha:

    NO,actually I didnt know that this would be considered Fraud since he was the one whom brought it up in the first place. And first of all,I didn' ask for judgment on if I saved or not for maturnity leave! Not that you would know if I did or  since I never mentioned it in my email which is also none of your business! I find it funny how some of you are so HIGH and mighty on this board when answering pp's posts. Yeah,I know you never have done anything...your an angel....yeah I've heard it all before. ANYWAY,

    For others, thank you for your non-judgmental and informative posts which has put this topic in a different light for me,which is what I was asking for to begin with.

    Now I just have to work on getting a policy started in this company for my co-workers that will eventually have to go through this when they deceide to get pregnant.

     

    Thanks 

     

    Ummm... You asked "am I wrong in my thinking here?". ... Did you not think that might result in opinions from those who disagree with you?
  • Did you maybe mean disability and not unemployment? Because you can collect disability if your employer does not offer paid-leave.
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  • I'm just going to agree with what everyone else said.  Maternity leave isn't what unemployment is for.  BUT you might be able to collect some sort of disability.  Honestly I don't know much about how disability works.

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  • Isn't that the reason for the posting?? @BeccaMarie Opinions yes, Critical thinking I'm all for but I didn't ask for judgment THERE IS A DIFFRENCE!

    And that's what I meant actually, I asked about disability but its not offered in the state so my boss stated he'd just lay me off. So that's how this whole thing started. He brought the issue to me as that's how they would handle it. But it's ok now that I'm calm and thought about the issues it could inflict (thank you those of you that gave me non-judgmental advice) it wasn't a very good idea to begin with. It would of caused me more issues in the end that it's just not worth. You would've thought I was trying to get on welfare or something the reactions pp had too collecting on money I've worked for to begin with. Yes, I understand unemployment is a benefit but its a benefit I pay for in EVERY pay check thank you very much! Now that other views have made it more clear as to the real issue here I actually feel better my boss didn't end up doing the layoff as HE suggested. Thanks

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  • I am glad your boss is not laying you off for your six weeks. It is morally wrong for you to even ask for such a thing.  You are pretty much trying to cheat the system and you could get in a lot of trouble for trying to do such. It is called fraud. Just saying. I am not trying to be rude or inconsiderate of your or your situation. But I did not get paid leave with DD and I survived. It was a struggle but we pulled through.  
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  • Many employers do not offer paid leave for maternity (or other illness).  Where some of us make up for that is by having disability insurance.  Some employers pay for disability coverage, others do not.  If you really care about making a change within your company, I would suggest trying to get your company to have an optional group disability plan added to your benefits.  Then employees can OPT to pay for coverage or not.  It becomes each employee's personal decision whether or not they need/want that coverage. 

    If your company has disability coverage and you did not elect to enroll in it, well, then I think it's unfair to be pissed at the employer. 

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  • image Jocelyn2411:
    I am glad your boss is not laying you off for your six weeks. It is morally wrong for you to even ask for such a thing.  You are pretty much trying to cheat the system and you could get in a lot of trouble for trying to do such. It is called fraud. Just saying. I am not trying to be rude or inconsiderate of your or your situation. But I did not get paid leave with DD and I survived. It was a struggle but we pulled through.  

     

    She specifically stated the her boss was the one who actually suggested that he lay her off and then re-hire her after her 6 weeks was up.

  • Actually, the original post's first sentence is "So my boss agreed to lay me off...".  She later said it was his idea, but it certainly doesn't come across that way in the first post.

    To the original poster, you came on here asking for advice.  People read what you wrote, and when they saw that you were attempting to commit fraud, said something about it.  And then YOU get mad.  If someone didn't say "wow, that totally sucks for you!" and "how crappy of him to go back on this now!", then you call them judgemental.  So if you just wanted someone to agree with you, TB might be the wrong place for that.  You say that it's not like collecting welfare.  Well, it kind of is.  Because even though you have been paying into the system, it doesn't mean it's there for you to take under these circumstances.  Scamming to get welfare, unemployment, food stamps, etc, is defrauding the rest of the taxpayers who are also paying into the system.  You may justify it because it's not "as bad" as welfare, but in the end, it's money for not working.

  • Yeah, I'm on the "this is wrong/fraud bandwagon." I'm 100% for people taking advantage of unemployment- as long as they are using it what it was meant to be used for. And that isn't so that you can have a paid matleave.

    Your boss COULD get in a lot of trouble if he is caught. I don't blame him/her for researching this a bit further and deciding it isn't worth the risk. Its a federal program, and there are federal consequences. That isn't something to be taken lightly. Even for you- if you are caught you could have some serious legal issues to deal with.

    Also- you don't "pay" for unemployment. The company does, as far as I understand it if they have had people claim unemployment. So by you filing for unemployment, your companies amount they have to pay could potentially go up- increasing the chance of an internal company investigation, increasing the chance of your boss getting caught. So you aren't losing out on something you have paid for. It doesn't work like that.

    Honestly, I would save every single penny you can for the next 4 months. Stick it in a seperate savings account and rely on this money for the 6 weeks you won't be receiving a paycheck. Buy the bare minimum that you will need for a newborn, and then buy the rest after your baby gets here and you are back at work and have a paycheck again. You can definitely make this work without fraudently filing for unemployment.

    For your next child you might look into signing up for Short Term Disability through your workplace or through AFLAC to help with the loss of income while you are on matleave.

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  • Also- I would have no objections to you applying for and/or receiving benefits that might help you during this time such as WIC. You might look into them to help you get by during that 6 weeks. I am MUCH more supportive of that than I am of you filing for unemployment.
    image Madeleine Suzanne, born October 30, 2011
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