Can my employer say I quit/force me out of unemployment?

Question

So I won't get into too much detail - I work(ed) for a company that was highly toxic. I was the longest lasting employee, as most were fired or quit, mainly because of the CEO. 
Sometimes, the CEO would threaten legal action against employees, and told one girl in her early 20s after she quit that if she didn't return his documents by a certain date, he would destroy her credit and make sure she never works again. He's not even a US citizen - just an abusive dude with a lot of money. After a forced in-office meeting without covid precautions, an employee got covid. The CEO fired that employee (for dishonest reasons) and furloughed everyone else.

However, though he said employees will be able to access unemployment at least through may, he seemed to realize he was too emotionally reactive. He asked my manager to stay on after the announcement, and asked me and a coworker to switch to an hourly rate to finish up some projects (a rate which, with benefits factored in, was much lower than our salary rate).

My manager said no thank you, and they said that means she quits and has to return her signing bonus.

My coworker and I also said no way to the lower rate after he furloughed us, but we haven't heard back from them yet.

Is it legal for him to force us out of a salaried position, to a 1099 position with less pay, and if we refuse he says we quit even though he just furloughed us?

Anonymous · Accepted Answer

No he can't force you to do anything including force you to quit.  Either you were terminated or you quit.

Yes it's legal for him to change your hours and your rate of pay (as long as he doesn't change your rate of pay retroactively).

If he offered you an hourly position with benefits, it's likely that the job doesn't meet the criteria of self-employment in which case you would have been an employee in which case you quit by declining the new schedule/rate of pay.

Dude sounds like a real piece of work, but all he has to do to contest your unemployment claim is state that he offered you a position which you declined and the job is still available if you want it.

Unless you have some written documentation or voicemail or other concrete evidence that states he terminated your employment, you are kind of screwed especially if he didn't terminate your benefits like medical insurance.    Keeping medical in place is very good evidence that you were not terminated.

Anonymous · Answer

Personally I am getting tired of this “Fireball” (aka “Shadowfire” aka “Corvus Blackthorne”) user constantly posting all this repetitive, long-winded, racist political and religious garbage in the forums. Please do something to ban this person (or robot) from the system as it’s getting really annoying!!!! How many times is he going to ask whether Jesus was buttraped by Roman soldiers? Ten thousand times? Do something about it asap.

We are talking about Shadowfire (aka Corvus Blackthorne aka Blackthorne1979 aka Dgirl aka Magistra aka Pope of Atheist God aka Shadowfire the Sarcastic aka Shadowfire lives aka Shadowfire lives bytches aka Marcus Corvinus aka Corvia Blackthorne aka ThatToiletJohnguy aka Patrick McCluskey aka Lone Wanderer aka Firecock aka Reymundo Sparks aka Reynaldo Weeks aka Nightwulf aka Fireball aka Toilet John aka Poopmobile aka Petri Lindroos aka WHERE IS YOUR POWER JN 1:12 aka Norine aka Wotan aka Rufus Firefly aka Soltaneus aka Sol Invictus aka Don't touch my anointed aka Anthropomorphic Raven aka whatever next he chooses to call himself) posting hundreds of same anonymous questions/answers always 24/7 (mainly in the Religious section). His questions: "Is Hinduism true?"; "Did Romans buttfook Jesus"?; "What's target individual? Who's torturing them and why?"; "What makes a girl harden?"; questions about suicide (take him to a mental institution where he belongs)... His answers are promoting heresies like ecumenism, rapture, horoscopes, etc. How does he do it? Is it Artificial Intelligence? It seems like he doesn't sleep and just sits there 24/7 365 year round posting heresy after heresy.

A Hunch · Answer

Blah blah blah....

What does the citizenship of the CEO matter?
Covid is very much a "I take care of myself disease and then I don't need to worry about others".... so if you guys are too stupid to wear effective masks (3+ ply masks or multiple masks / face shield) or stay 3feet away from each other = getting covid is on you.

Your company doesn't get to determine who gets unemployment and who doesn't.  There are state and federal laws about that.

Your manager was offered a job.  If she doesn't take the job that was offered to her than YES, SHE QUIT and needs to pay back the signing bonus.

If your new position meets the requirements to be an independent contractor position, then it's perfectly legal to pay you whatever is agreed upon.  If you don't like it, don't take the position. 
- Your unemployment will be initially approved because you were laid off.
- When you complete your unemployment paperwork, you are required to specify that you were offered work and declined it, as well as provide the reason.  If the position is really an independent contractor position and pays a reasonable amount, you likely will not be able to keep UI since you were offered a position and declined.

Jay · Answer

Wow, that guy is a GIANT toxic pile of (CANNOT PRINT THAT HERE!)  He thinks he is right but if everyone files for unemployment and disputes what he says, you can force the unemployment question with the agency.  They will call him to verify, and if he cannot keep his story straight...and with several of you calling in and saying he's lying they will probably allow it.

Unemployment does not like employers lying.  And they work very hard to get back up.  If they call him to verify and he refuses the call, you get unemployment benefits.  If they call him to verify and he says something that disputes what you put on your form, they will call you back, listen to what you have to say...and then they will call him back.  I'm guessing he will refuse the second call if he is still in the USA...if he refuses the second call...you get unemployment.

If he cannot verify what he says...you get unemployment.

You see, he has ALREADY paid in unemployment benefits as part of payroll the entire time you were working.  There is no reason except sheer vindictiveness to not allow you to have it.  The government WILL NOT refund his payments...not one penny.

At the very least, you will be 'disallowed' benefits for 3-4 weeks and then start to receive them.

oh...report this guy to the labor and relations board in your state.

Can my employer say I quit/force me out of unemployment?

4 Answers