Unemployment question

Luvinmybaby

My friend was suspended from work. She works in daycare and its her company's policy to lay someone off if a child gets hurt in their room. Does anyone know if she can collect unemployment while they are investigating? TIA

qw23fv09ij87tf23

How bad was the child hurt? Seems like a tough policy if the child falls or bumps his head without being seriously hurt. She can at least try though. I am not sure what state your/she is in but she can request a hearing if she is denied. GL to her.

goofyteacher

I've worked in daycares before and they only had this policy if the child was seriously injured and the daycare suspected some kind of mistreatment on the part of the staff (abuse, neglect, etc.) In which case, she might be in bigger trouble then losing her job.  I would think since she was laid-off that she would be able to collect unemployment.

BrainySmurfette

She might be able to collect.  It would be worth the effort of applying for it.

MrsKR20

Is she suspended with or without pay?? If she is receiving any type of payment from work she cannot collect ... that's all I can offer though.

 HTH

wisc.bride

If she's not working by the employer's choice and is not getting paid in any way she would probably be able to collect.  BUT- if she's terminated for gross misconduct she would not be able to (at least in my state).

NYCred

If she was terminated due to her own conduct then no, she can not collect.

Depending on her state, she may be able to collect while they are investigating the situation.  However, if the daycare company were to find against her, she'd likely have to repay any unemployment collected.

vanillacourage

NYCred:

If she was terminated due to her own conduct then no, she can not collect.

Depending on her state, she may be able to collect while they are investigating the situation.  However, if the daycare company were to find against her, she'd likely have to repay any unemployment collected.

Not always true. If you can prove (via an appeals process) that you were unfairly fired, they can still award you unemployment (i.e.hypothetically in this case, the injury is not serious but they take the opportunity to let her go in order to hire the boss's niece).  It's the state's unemployment office that has final say, not the employer.

wisc.bride

vanillacourage:

Not always true. If you can prove (via an appeals process) that you were unfairly fired, they can still award you unemployment (i.e.hypothetically in this case, the injury is not serious but they take the opportunity to let her go in order to hire the boss's niece).  It's the state's unemployment office that has final say, not the employer.

I agree- normally you have to be fired for gross misconduct (threatening a coworker, for example) in order to be denied unemployment.  Getting fired for something like being late for work usually won't keep you from getting unemployment.

NYCred

wisc.bride:

vanillacourage:

Not always true. If you can prove (via an appeals process) that you were unfairly fired, they can still award you unemployment (i.e.hypothetically in this case, the injury is not serious but they take the opportunity to let her go in order to hire the boss's niece).  It's the state's unemployment office that has final say, not the employer.

I agree- normally you have to be fired for gross misconduct (threatening a coworker, for example) in order to be denied unemployment.  Getting fired for something like being late for work usually won't keep you from getting unemployment.

Completely agree with both of you.  Based on the original post, it sounds like the firing would be for cause if it were to happen.  And yes, she would be able to appeal.

TheMalleys

I agree with the pp, it depends on the terms of the separation. If she is terminated due to misconduct then she cannot get unemployment. She can appeal, but I have heard that usually the judges side with the employer. While she is on seperation she cannot apply for unemployment benefits, she has to wait until she is actually seperated.