I've never been unemployed a day in my life so I don't know about these things. My wife is a seamstress/tailor (and has been for years).

Very little work to be had now days in small town rural NW FL as a seamstress. I know her boss lady is losing money by keeping her at work, but loves her to death and won't "fire" her or let her go.

My wife just asked me this afternoon "if Carolyn fires me because business is so slow could she get unemployment until she found a new job"? My first answer was "of course".

Then she asked me if Carolyn would have to pay in before or after............yada yada yada. Now I'm sitting here asking for answers!

She has been with this store/tailor shop for a little over a year and thinks she is about to be let go.

Are/were there any pre-conditions other than working at this particular job for more than 6 weeks?


SC

They will raise the unemployment insurance percentage on the previous employer and that rate applies to all of the remaining employees. They can also go after the previous employer that preceeded that one. A claim raises the rate and the employer starts new and the rate is reduced as each year go on if there is no further claims.

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Dick

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It's just my wife and the boss lady. She worked at a Dry Cleaner as a seamstress for about 5 years until that business shut down and she was unemployed (not actively looking for a job) for about 11 months. Has been with this "botique" since Jan of 08.

Does/is her employer having to pay/contribute to some plan or program now just in case she was to let one of (her only) employee go? Maybe that's why she hasn't let my wife go already?????????

SC
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Her current employer should have been paying into the fund for your wife, if not she could be in trouble. If the employer was also drawing a salary, as an employee she may have been paying on her own insurance too.
Not sure what the rates are now, but they would be like say 4% tops and drop down to as low as 1/2% on each salary, the idea being to reward a good stable employer and penalize the so so or bad employer with a high turnover.

If they can't draw from the boss lady, they will them go after the Dry Cleaners. HTH

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Dick

If the worker is treated as a contract worker, then the employer doesn't pay the unemployment insurance AND the social security tax. It leaves the worker having to pay all the SS tax, and being unable to draw unemployment.

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Her current employer is the owner of the botique. Owner/boss pays her half of Social Security. So I would then think she is paying the unemployment insurance. Not sure of any other employees prior to my wife. I think she ran the shop alone, but had to hire help because of her health and her husband's also.

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Diamondback68, if the previous employer (the dry cleaner) is shut down.....how would they be responsible 2 years later?

SC

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It is good she isn't working for cash, she probably is covered by the UI. She can not quit, though. She has to be let go. Then there is a waiting period, then the checks start.

[quote]Originally posted by Senior Citizen:
They will go back farther then that. If they, the cleaners, are closed I'm not sure if that reaches a dead end or they may even go back one more employer.

P.S. Tell her DON'T QUIT!

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Dick

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She won't quit. I've asked her to since I retired, but she won't. She works 32hrs/week and enjoys her job and loves her boss lady.

I think if I went back to work she might quit! Then she'd be home alone and not have to put up with my whining all day!

thanks for all the info guys, I knew I came to the right place. Now if one of you would just relieve me of this motorcycle!

SC

Your wife would be better off talking to the State where you live and or looking at their web site,

This stuff varies WIDELY from state to state.

AS a part time worker she would not even qualify in Idaho, period.

If she worked full time it would be based on her last 6 quarters. Predicated on just how long they pay benifits she may have exhausted benifits from the previous enploymnet. The maximun in Idaho is 23 weeks. Right now there are federal exstensions taking it up another 20 weeks. Many states, including LA, and most of the south refused the federal funds for exstension because it also required them to change their state systems and cover part time employees.

Two of the biggest private employers in Idaho simply do not hire ANYBODY for more than 30 hours a week. That way they are not required to pay into unemployment insurance because former employees are not entitled to any benifits as part timers. Lots and lots of people have worked 30+ years for these guys as "part timers".

Mentioning the rate paid in is a sore point here right now. The businesses and the Chambers of Commerces lobbied very hard for reduced pay in, a few years back because the economy was so good. Surprise, it went to heck in a hand basket and there have been massive lay offs. In order to pay benifits the marginal rate on employers has been increased to over %19 just to keep the system solvent.

Another thing to think about or at least look into is her current employer may be doing everything right and just loves your wife to death and doesn't want to lay her off. On the other hand it is possible that she has not been paying in the quarters as she was supposed to. Which would be exposed if she lays your wife off and she files. THere are civil and criminal penalties that then apply.

This stuff really is so diverse from state to state that unless one of the members happens to work for the Department of Labor in your state, anything and everythiung we say may or may not apply to your wifes situation.

FRee advise from a gun site about unemployment is worth exactly what you paid for it. ;-)

RWT

I worked in this area years ago and the previous poster is right. It varies wildly from state to state but generally: You must lose your job through no fault of your own (layoff, business closing, etc.) and have qualifying wages. I don't recall the stipulations on the period but it is: wages in two or more quarters out of the last four completed calendar quarters.

All contingent on the owner having paid into the Unemployement Compensation System. State law varies on which employers must do that as well (size, etc.). As a small employer it probably would not affect the employer's tax rate which is likely pooled given the small size.

Here's a video that explains something about it.

www.tennessee.gov/labor-wfd

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Regards,
Windjammer

Senior Citizen, these links might be helpful if it would be a Florida UI claim.

http://www.floridajobs.org/Unemployment/

http://dor.myflorida.com/dor/uc/GT-800058.html

Gene

You need to check if there is a difference in coverage for full time, 40 hrs/wk, and part time, less than that.. I know that some employers dodge the health insurance and retirement plans with that distinction. I am no expert but it is worth checking out.

Hope it works out..

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thanks for all the valuable info guys. I'll start doing some "investigating" this morning about the number of hours/week. I did find out she had to have worked in the first 4 quarters of the last 5 quarters and have had a salary of at least one week in each. She has to have an annual sallary of over $3920 (I think). Add up her quarterly salary and divide it by 26 and that would be the "benefit". When you start out working for pennies and divide that by 26............

Thanks though. I appreciate all that took time to reply.

SC

All employers pay into the Unemployment Fund. It is a percentage of payroll tax; we all pay it. The tax rate is based upon the number of claims. We all start at a base rate of .x% of payroll. If I fire an employee, the rate may or may not change. The rate is base upon how much "credit" I have accrued in the system. Each year of not firing an employee, my "credit" is increased because I paid in but did not have any claims. Her employer has been paying for 6 years and has no prior claims, so therefore, her rate will not change. When she lays off your wife, she will no longer pay in the system because the rate she pays is a percentage of payroll. x% of zero payroll equals zero tax.