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Old 05-08-2011, 08:58 AM   #1
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When you are laid off are you still employed?

Just curios about this. After my last thread dh and I were talking about this and you can receive unemployment if you are laid off.But if you are laid off aren't you technically still employed just not making money? Dh is going to call back and fight this more but everything I have read seems to show being laid off as employment with the hope of paying work at a future time. Anyone know what the difference is ?

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Old 05-08-2011, 09:27 AM   #2
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Re: When you are laid off are you still employed?

Yes, you can receive EI if you have been laid off, but not if you were terminated. When you are laid off you are eligable to be re-hired by the same company you were working for. For example some companies have contracts, like seasonal gravel truck drivers. They work for the peak months and are laid off and collect EI in the slow months. Some companies lay employee's off but are really terminating the job. They do this so the employee can get EI, but the company has no interest in hiring them back (even though they're not suppose too), KWIM...
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Old 05-08-2011, 09:32 AM   #3
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Re: When you are laid off are you still employed?

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Yes, you can receive EI if you have been laid off, but not if you were terminated. When you are laid off you are eligable to be re-hired by the same company you were working for. For example some companies have contracts, like seasonal gravel truck drivers. They work for the peak months and are laid off and collect EI in the slow months. Some companies lay employee's off but are really terminating the job. They do this so the employee can get EI, but the company has no interest in hiring them back (even though they're not suppose too), KWIM...
Yes that makes sense. And so far that is what I have seen on line too.
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Old 05-08-2011, 11:09 AM   #4
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Re: When you are laid off are you still employed?

If you are laid off, you are unemployed. Yeah, sometimes seasonal workers get "laid off" every year, or people get laid off when a company is downsizing.

I always think of "laid off" and "fired/terminated" as basically the same thing - ie being jobless, except if you were laid off the company has no use for you anymore/at the moment. If you were fired, that implies fired for cause - that you did something wrong or weren't a good employee. Typically if you are fired for cause you cannot collect unemployment.
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Old 05-08-2011, 01:34 PM   #5
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Re: When you are laid off are you still employed?

My DH was just laid off the other day and he can get unemployment because his company that he was working for is no longer existing. However the last time he was laid off, the company hanged around for a while (and it was illegal for them to just lay people off without 2 months notice so they had to pay him for 2 months) so he couldn't get unemployment. However once the 2 months were up I think he could have got unemployment. He found a job though after 2 weeks. I would love it if that happened again.
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Old 05-08-2011, 01:42 PM   #6
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Re: When you are laid off are you still employed?

yeah, "laid off" is the nice way to lose a job. There was no fault of yours (fired/terminated) and it wasn't your choice (quit) you just can't work for them right now (laid off)

I've fired people that have begged me to say they were laid off so they could get unemployment. (I worked in fast food) It doesn't work like that. If you act like a dorkus and lose your job, you don't get "rewarded" with unemployment.
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Old 05-08-2011, 05:49 PM   #7
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Re: When you are laid off are you still employed?

Thanks for the replies mamas. In our case dh's program lost funding so it doesn't apply to us. Dh has found some information and on Monday he will be calling back to speak to someone higher up the chain.
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Old 05-08-2011, 06:13 PM   #8
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Re: When you are laid off are you still employed?

when laid off you are unemployed. DH has worked a seasonal job for 5 years now and gets laid off every nov/dec and 'rehired' in jan/feb. yes he has a chance of not being called back. luckily dh 'knows' hes going to get rehired because he's a machine operator (trackhoe/backhoe/crane/etc)
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Old 05-08-2011, 06:32 PM   #9
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Re: When you are laid off are you still employed?

If you are not currently working it is considered a separation in the eyes of the state and you are eligible for unemployment insurance. A lay-off is a type of separation where people are sometimes going to be recalled at some point, but not always. It often depends on the industry. A lay-off means that the employer is voluntarily separating employment (the employee is being involuntarily separated, obviously) due to lack of work. This type of separation is nearly always eligible for benefits.

If you are separated due to termination, you still may be eligible for unemployment insurance benefits, but it depends on how/why it happened and the background leading up to it.

If you are voluntarily separated from employment (i.e. you resign) you aren't typically eligible for unemployment insurance benefits, but it does happen in some (very few) situations.

I used to work in unemployment (at one time for the state, prior to leaving to become a SAHM I worked for a private company to manage claims), if you have any questions I'd be happy to help if I can. I'm only familiar with the laws in Ohio, but the big issue things are pretty much the same in ever state.
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Old 05-08-2011, 06:34 PM   #10
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Re: When you are laid off are you still employed?

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If you act like a dorkus and lose your job, you don't get "rewarded" with unemployment.
Yeah, hai, you sucked at life so we're not willing to pay you for your service. You're definitely not collecting unemployment off of us. Get it together and get a job!
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