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    mulattomama's Avatar
    mulattomama Posts: 36, Reputation: 7
    Junior Member
     
    #1

    Apr 17, 2009, 07:21 AM
    Lay off vs. Firing - At will State
    My company announced to the managers that they are planning to let people go. Each dept. had to come up with a plan of who it would be. I'm a manager so I had to do this for my dept. I asked if my job was secure and I won't find out until next week. I know the company disputes literally every single filing for unemployment that comes across as they don't want their percentage (or whatever they pay) to go up. It is something they take very seriously.

    I've been told by another manager that they're contemplating firing rather than laying off so that the employees won't be able to file unemployment. Since Illinois is an at will State, they can do this. I'm worried as in the end I may be one of the people let go. I'm 28 weeks pregnant and am freaking out about this and the fact that I may not be able to collect unemployment. Is there any way to fight it if they try to deny the filing? What if any recourse do I have?

    Thanks!
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #2

    Apr 17, 2009, 03:19 PM

    The company should lay the employees off - not fire them. But this is their executive decision to fire people instead of humanely laying them off so that they can collect UI. Just because they fight each UI claim tells me that a bunch of jerks control that company and don't really care a hoot about what happens to loyal employees.

    In your case being pregnant I'd hate to be in your shoes looking for another job if they decide to fire you instead of laying you off. Even if they don't lay you off now, I'm sure they will happily hire someone else for your job while you are having your baby.

    Just indicate that you (or the other employees) were laid off due to lack of work and just fight the company in the UI appeals. But this will take a long time and there is no guarantee you or they will win in the end.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 17, 2009, 08:06 PM

    First of course a "fired" employee gets unemployment unless they were fired for cause. So it does not matter if they are laid off or fired. They can be "fired" for lack of work.

    Collecting unemployment depends on why you were let go, not how you were let go.

    Fired people get unemployment all the time, you misunderstand
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Apr 21, 2009, 09:12 AM
    Quote Originally Posted by Fr_Chuck View Post
    First of course a "fired" employee gets unemployment unless they were fired for cause. So it does not matter if they are laid off or fired. They can be "fired" for lack of work.

    Collecting unemployment depends on why you were let go, not how you were let go.

    Fired people get unemployment all the time, you misunderstand
    "fired" = for cause
    "laid off" = another reason unrelated to job performance.

    Firing - Wikipedia, the free encyclopedia
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Apr 21, 2009, 11:31 AM
    Quote Originally Posted by AK lawyer View Post
    "fired" = for cause
    "laid off" = another reason unrelated to job performance.

    Firing - Wikipedia, the free encyclopedia

    This is a question of common usage of language - in my area people who are fired have NO possibility of being called back whether the "firing" is due to slow work or some other reason.

    Laid off people HAVE a chance of going back.

    Again - question of how the words are used.

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