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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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State of Alabama...have employee within his 90 day

Customer Question

State of Alabama...have employee within his 90 day probationary period, He is not cutting it and not capable of this work...slow and has no interest in changing attitude...what are rules regarding him collecting unemployment if released in his 90 day period?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.
Unemployment laws are based on how long you’ve worked. If you’re dismissed during your probationary period, you may or may not be able to collect unemployment insurance. It usually depends on how long you’ve worked for all employers, not just the one who fired you. If you accumulate enough hours while you’re on probation, you can collect unemployment even if you never worked for anyone else before. Your probationary status doesn’t affect your eligibility.
The monetary determination will tell you if you have earned enough wages to qualify for unemployment benefits in the state of Alabama.
1.You must have insured wages in at least two calendar quarters of your base period in order to qualify for unemployment benefits.
2.The average earnings of your two highest base period quarters must equal or exceed $1157.01 (as of 2012). Your high quarter is the base period quarter during which you were paid the highest amount of wages from covered employment.
3.Your total base period wages must equal or exceed 1 1/2 times your high quarter earnings in order to be eligible for unemployment benefits.
So, the answer is that it is unlikely that this person will be eligible for unemployment benefits, but we would need to know the monetary/employment status of the employee to be able to determine this absolutely.
The fact of the matter is that probationary period is really legally insignificant relative to this issue of unemployment coverage. What matters is how long they have worked and what work was completed over a period of time close in proximity to filing for coverage.
Let me know if you have any other questions or comments.
Best wishes going forward!
Expert:  Delta-Lawyer replied 1 year ago.
Did you have any additional questions or comments? Just want to make sure you are comfortable moving forward. Thanks
Expert:  Delta-Lawyer replied 1 year ago.
Did you get the answers you needed? Thanks

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