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We have an employee who has been with us almost 3 years. Last…

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We have an employee who...
We have an employee who has been with us almost 3 years. Last December she had an shoulder operation and has not been back to work as of yet. This operation had nothing to do with work or our company. We are a small company of 20 employees and seasonal (summer being our busiest time). Last October we put her on a part time schedule for the winter months. She was collecting the other 20 hours from unemployment. Since the operation she has not collected because she can not return to work. She has asked us to lay her off but since we had to get temporary help to fill the position for the summer we really can't afford to pay the high cost of unemployee rates and the temp help. She just informed us that she is still not able to return to work and doesn't think she will ever be back to 100%. We would like to replace her but how do we do this without it affecting our unemployment taxes? Can she claim disability thru our company even tho she did not get hurt on the job?
Submitted: 8 years ago.Category: Employment Law
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Answered in 28 minutes by:
6/24/2010
Employment Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,720
Experience: 20+ Years of Employment Law Experience
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If you provided disability insurance to her she can make a claim under that policy for disability even though she did not get hurt on the job. But if you did not provide a disability policy, she would have to apply for Social Security Disability Insurance. If she has told you she cannot return to work you can send her a letter telling her that you will accept that notice as her voluntary termination of her employment.

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Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,720
Experience: 20+ Years of Employment Law Experience
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Customer reply replied 8 years ago
If we hire someone for temporary help for the summer can they collect unemployment when our business starts to decline in the fall? How many hours can they work a week - we are looking for someone to work 40 hours a week, starting in July until Oct.
Employment Lawyer: Law Educator, Esq., Attorney replied 8 years ago
If they work the required 12 weeks then they can make an unemployment claim under your unemployment account. They must work a full quarter in order to be eligible for benefits.


Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

PLEASE NOTE WELL: IF YOU CLICK OPT OUT I CANNOT REPLY TO YOUR FOLLOW UP QUESTIONS AND YOU MAY NEVER GET ANY REPLY OR IT WILL DELAY MY ABILITY TO REPLY TO YOU. Also, if you use RELIST, I MAY NOT SEE YOUR RESPONSE AND IT WILL DELAY YOUR REPLY.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

YOU CAN ALSO GO TO http://www.justanswer.com/lp/19qy-PaulMJD and request me.

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Customer reply replied 8 years ago
We joined for a month of answers and now it says it will charge my card again if I accept your answer. Don't know what to do. I just joined 7 days ago. Does it go month by month or do I get 30 days?
Employment Lawyer: Law Educator, Esq., Attorney replied 8 years ago
It is 30 days and if it actually charges your card again, then we will get customer service to straighten it out.
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Customer reply replied 8 years ago
So do I click on accept answer and on the next page it says to authorize to charge my card. Do I click on both of them?
Employment Lawyer: Law Educator, Esq., Attorney replied 8 years ago
Honestly, I do not know. Please contact customer service at http://ww2.justanswer.com/help, because I would hate to tell you the wrong thing and have you upset with me. I only know that if you have a subscription you only pay one time for the whole month no matter how many accepts you have.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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