Dh unemployment help?

[heartsy77]

My Dh was laid off at the end of May. He had worked at Printing company for 14 years. We have been doing fine on his unemployment and my incone. Low and behold his former employer called last week and wants him back.
Here in lies the problem: he had really been searching for a career change: he has in with a decent paying state job. He tells them yes he'll come back because he knows if says no he will loose his unemployment.
He goes today for his drug testing and resigning of his W4. Hr informs him he is a new hire, pay will stay the same but looses 4 weeks paid vacation and all his personal time.
He's not happy at all but what can he do?
A few minutes ago supervisor calls him and said he needs to work 1 at shift next week. In the 14 years there he always worked 3rd and reiterated it to them when he called him back. I'm a 2 nd year nursing student that attends classes at night. Dh watches my daycare children from 4:30 till patent pick up, since I have to be to school by 5:30!

Sorry this is soo long!

Is there anything he can do? He doesn't want to go back and start all over again. Is there anyway to decline his former employer without losing his unemployment?

 

[ccgirl]

I believe it depends on the state. He shouldn' thave lost 4 weeks vacation - he should have gotten those paid when he was laid off. As far as a new hire; can't he negotiate that with them? I know when I went back to my old job I was able to negotiate my tenure. If the hours do not fit with childcare I believe he can refuse the job but he has to tell unemployment he refused. I would have him call unemployment and ask them what would happen as it can vary by state.

Good luck.

 

[windycitymom]

Isn't it better for your income if DH takes back his the full-time job with his regular pay? Unemployment only pays a small amount. Does your DH also get health benefits with this job? That's huge too! How are you paying for insurance now?

But to answer your question, your husband will lose his unemployment benefits if he doesn't take back his old job -- or have another job already in place. DH can always take back his printing job and then take the other State job when/if it becomes available. What times does 1st shift end at the print shop? Could he still be home in time to watch your daycare children?

There are so many people out there still looking for work, and many have to settle for jobs with a lower rate of pay. That is awesome that his pay would be the same as before! He would still get two weeks paid vacation right?

 

[tlbwriter]

On another board, a person on unemployment was hired and wasn't told until after starting the job that he would have to work a night shift. This wasn't an option for him due to family obligations so he quit the job. His unemployment was denied, but he appealed and actually won (which I must admit surprised me). So I think it's *possible* that a significant change in working conditions can leave you eligible for continuing unemployment, but it's definitely not guaranteed.

 

[heartsy77]

No he would not got any of his vacation back (4 weeks a year) which he did get paid for when he was laid off. He is a "new employee" again. After 14 years it's a slap in the face. Dh worked many weeks 7 days straight 12 hr shifts, and 13 days straight for this company. And I see why he is angry to be "probie" again!

I carry the insurance through the childcare union.

I know there are so many without out jobs, I'm really not whining! If they restored his seniority, vacation, and personal time he would just deal till something else came along.

 

[ccgirl]

No he would not got any of his vacation back (4 weeks a year) which he did get paid for when he was laid off. He is a "new employee" again. After 14 years it's a slap in the face. Dh worked many weeks 7 days straight 12 hr shifts, and 13 days straight for this company. And I see why he is angry to be "probie" again!

I carry the insurance through the childcare union.

I know there are so many without out jobs, I'm really not whining! If they restored his seniority, vacation, and personal time he would just deal till something else came along.

Has he asked them to restore his seniority? Technically, it is not his old job since it is not the same benefits and hours. Not sure I would want to work for a company like that after 14 years. I would really just call unemployment and see what they say. Has the finances improved for his old company? I was laid off, took another job much further from home, got rehired at old job (with seniority back) and got laid off again. Second job wouldn't take me back (not that I blame them) so I was left with a 2nd pay decrease. First job now wants me back. No chance in heck I am going back this time. Good luck!

 

[MomToOne]

I doubt he can *quit* the job and get unemployment. But he might be able to refuse the different shift, and get fired as a result, then get unemployment. I don't think being fired for refusing a different shift could be considered "with cause", although I could be wrong. You should do some research on being fired with and without cause, and how that affects your right to unemployment.

But, taking a look at the bigger picture, is this request to work a different shift a one time event? Or is it going to be a regular request? Seems like your husband needs to have a heart to heart with the Supervisor and find out just what the story is.

Also, your husband is going to be the "newbie" at any job he starts now, with the lowest level of vacation and other paid time off. You'd be surprised just how bad the starting level of these things are at some jobs - many companies in my field now give just 2 weeks "Paid Time Off" a year to new hires, and that is to cover both vacation AND sick leave! Paid holidays are also down to just 8 or 9 days for many companies.

If your husband really doesn't like this job and wants a career change, then he should pursue other jobs for that reason. But I'd keep whatever job he has if it can work at all until he finds another.

 

[3boymthr]

Don't know if this will help you or not, but in MA you have the right to refuse employment and retain your unemployment if your employer changes your hours and the change in hours is to hours you are available for work for reasons that cause undue financial hardship. i.e., I worked for a large insurance company here in MA 3 days a week. I was able to collect unemployment when they let me go because I was unable to change my hours to work 5 days a week because this would cost me more money in child care expense - I will note tho that the change in child care expense was going to result in a negative income situation which may have factored into DUI's decision.

 

[heartsy77]

He called unemployment and they said he will loose his unemployment if he doesn't take his job back. Just to clarify it is his old job, and he was promised 3rd shift when he said he would come back. HR is the one that is saying he's a new employee! I just don't see how a company can lay you off, and then call you back for the SAME job,duties, and pay but treat you as a new employee! Well it is what it is!

 

[bethy]

To me the obvious solution would be to take the job and enjoy earning the full time pay while looking for a new job at the same time . . .

The best time to look for a new job is when you already have a job in the meantime.

 

[Leajess99]

I would honestly call your Labor board, or whatever it is, because I don't see how they can consider him a new hire either.

 

[sadiebug]

I work for unemployment in Colorado, and as a front-line person answering the phones we can't give definite information as to whether or not a person would lose their benefits for refusing a job offer. The case managers are the one's that make those decisions within the parameters of the law.

I do know that in Colorado they would take into consideration the fact that when the job was originally offered he was told that it would be 3rd shift and that it was then changed to 1st shift after he accepted the job. He also has a legitimate reason for needing to work that specific shift, not just that he is being choosy.

There is also an appeals process in place if he is disqualified from receiving his benefits on the job refusal. That can be a lengthy process and you both would need to be prepared not to have his unemployment benefits coming in until the hearing was held and a decision made.

Hope this helps!

 

[Hannathy]

I think I would think long and hard about going for the unemployment over a full time job no matter the hours. Does you DH have a job that is in demand that he is sure he can get a job in the next year? It is very hard to find a job out there. I also think the few dollars you would loose in earnings from day care would be more than made up in his wages. My DH has a degree and experience in a field that is still supposedly in demand and it took him over 2 yrs after he was let go to find something.
He has over 20 yrs in his field and he was started at 2 weeks again, that is what they are doing now. A friend of his with his PhD that was recently hired -they were both out about the same time and about the same amount of experience also got 2 weeks.

could you hire someone to work for you for that short amount of time until you see if this will be permanent? Also as a nursing student won't you soon have to do rotations during the day?

 

[heartsy77]

I think I would think long and hard about going for the unemployment over a full time job no matter the hours. Does you DH have a job that is in demand that he is sure he can get a job in the next year? It is very hard to find a job out there. I also think the few dollars you would loose in earnings from day care would be more than made up in his wages. My DH has a degree and experience in a field that is still supposedly in demand and it took him over 2 yrs after he was let go to find something.
He has over 20 yrs in his field and he was started at 2 weeks again, that is what they are doing now. A friend of his with his PhD that was recently hired -they were both out about the same time and about the same amount of experience also got 2 weeks.

could you hire someone to work for you for that short amount of time until you see if this will be permanent? Also as a nursing student won't you soon have to do rotations during the day?

No I couldn't cut those daycare kids they are my main source of income. I have 8 kids total 6 of which are before and after school age kids. I have two little ones home with me during the day. I cut my numbers when I started nursing school to leave me time for classwork.

No I do my clinical rotations every other weekend.

I just don't want to quit nursing school. I have came so far! I graduate in June.

 

[j's m]

Here's from an employers view: I would fight the unemployment claim all the way to state appeals. If a job was offered and he refused, especially at the same rate of pay, unemployment compensation would be denied. At least in NJ, unemployment claims greatly affect what we owe to the state in repayment.

We own a printing business and our slump started 2 years ago and business is not coming back. All state and local governments have gone to internet newsletters, e-mail info, etc, everyone is cutting non essential printing. The printing world as we knew it from 32 years ago is so different. If his career change/other job does not pan out, he may never get another job in printing.

As far as benefits go, that's iffy. But he never would have been laid off if the company was doing well enough and had enough business. Is it a large or small business?

 

[Marionnette]

My Dh was laid off at the end of May. He had worked at Printing company for 14 years. We have been doing fine on his unemployment and my incone. Low and behold his former employer called last week and wants him back.
Here in lies the problem: he had really been searching for a career change: he has in with a decent paying state job. He tells them yes he'll come back because he knows if says no he will loose his unemployment.
He goes today for his drug testing and resigning of his W4. Hr informs him he is a new hire, pay will stay the same but looses 4 weeks paid vacation and all his personal time.
He's not happy at all but what can he do?
A few minutes ago supervisor calls him and said he needs to work 1 at shift next week. In the 14 years there he always worked 3rd and reiterated it to them when he called him back. I'm a 2 nd year nursing student that attends classes at night. Dh watches my daycare children from 4:30 till patent pick up, since I have to be to school by 5:30!

Sorry this is soo long!

Is there anything he can do? He doesn't want to go back and start all over again. Is there anyway to decline his former employer without losing his unemployment?

No he would not got any of his vacation back (4 weeks a year) which he did get paid for when he was laid off. He is a "new employee" again. After 14 years it's a slap in the face. Dh worked many weeks 7 days straight 12 hr shifts, and 13 days straight for this company. And I see why he is angry to be "probie" again!

I carry the insurance through the childcare union.

I know there are so many without out jobs, I'm really not whining! If they restored his seniority, vacation, and personal time he would just deal till something else came along.

He called unemployment and they said he will loose his unemployment if he doesn't take his job back. Just to clarify it is his old job, and he was promised 3rd shift when he said he would come back. HR is the one that is saying he's a new employee! I just don't see how a company can lay you off, and then call you back for the SAME job,duties, and pay but treat you as a new employee! Well it is what it is!

No I couldn't cut those daycare kids they are my main source of income. I have 8 kids total 6 of which are before and after school age kids. I have two little ones home with me during the day. I cut my numbers when I started nursing school to leave me time for classwork.

No I do my clinical rotations every other weekend.

I just don't want to quit nursing school. I have came so far! I graduate in June.

I think its lousy that your husbands employer is acting in this way. However you dont have alot of options open to you. He could refuse the job and then lose his unemployment which would leave you without that income. He can take the job and work the shift he is given but that will leave you in a bind with your daycare situation. I know it will be difficult but I think the best thing for your family might be for you to give up the daycare gig so that your husband can go back to work. You have about eight months until you graduate from nursing school and then you would have to give up the daycare job anyway. It would mean for a rough road until you get that nursing job but it will be temporary. But it doesnt make sense for your husband to turn down full time employment in this economy. And especially so when you intend to be changing careers very shortly.

 

[heartsy77]

Here's from an employers view: I would fight the unemployment claim all the way to state appeals. If a job was offered and he refused, especially at the same rate of pay, unemployment compensation would be denied. At least in NJ, unemployment claims greatly affect what we owe to the state in repayment.

We own a printing business and our slump started 2 years ago and business is not coming back. All state and local governments have gone to internet newsletters, e-mail info, etc, everyone is cutting non essential printing. The printing world as we knew it from 32 years ago is so different. If his career change/other job does not pan out, he may never get another job in printing.

As far as benefits go, that's iffy. But he never would have been laid off if the company was doing well enough and had enough business. Is it a large or small business?

It's small company under 500 employees. The instabilty if the printing industry is the reason he is looking to change careers. In the 14 years he had worked there he worked more 12 hour shifts 13 days straight then I care count. Also more 32 hour weeks due to lack of work. It is just so inconsistent!

It would be nice to stop doing daycare but it is not financially feasible as I am the main breadwinner and really always have been. I'm not even going to stop doing daycare when I graduate in June. I make more, doing daycare, then I would as a new LPN. I will go right into the RN program; this was my intention all along. The RN program is really exclusive around here. An LPN skips 1st year of RN and goes to the head of line.

 

[Marionnette]

It's small company under 500 employees. The instabilty if the printing industry is the reason he is looking to change careers. In the 14 years he had worked there he worked more 12 hour shifts 13 days straight then I care count. Also more 32 hour weeks due to lack of work. It is just so inconsistent!

It would be nice to stop doing daycare but it is not financially feasible as I am the main breadwinner and really always have been. I'm not even going to stop doing daycare when I graduate in June. I make more, doing daycare, then I would as a new LPN. I will go right into the RN program; this was my intention all along. The RN program is really exclusive around here. An LPN skips 1st year of RN and goes to the head of line.

Okay. You didnt make that clear. It appears that you are not as close to becoming an rn as it first looked. Im afraid that you have a real problem on your hands. If your husband refuses this work you stand a very high chance of losing his unemployment benefits. Even if he appeals it could mean a long haul without checks while the appeal process works its way out. Plus there is no guarantee that he will win. And you are nowhere near the point of finishing your education. Plus you are relying on your daycare job as your major source of income. Can your family survive without one of those incomes? If not then you might have to postpone your education until things improve and your husband moves to a shift that works for you. I dont see any way that you can have your cake and eat it too. It stinks but this is similar to what many families are facing in this economy. Everyone is having to make tough choices in order to survive. I dont envy you.

 

[bettymae1121]

Total shot in the dark...but what about your DH quiting the printing job and helping you with the daycare gig so you can take more kids and make more money? Do you think you could, with your DH's help, add enough kids to make up for the lost unemployment/paycheck?

 

[tlbwriter]

Is the shift change going to be long term, or just one week? Could you hire an assistant to work during the time DH normally would have been watching the kids? I know it's an extra expense, but it would be less of a burden than losing his job and his unemployment both.