# Unemployment during snow removal season



## Cat2 (Jul 31, 2018)

Asking this question for a friend. Friend works full time lawn care season and full time during plow season. Last year was hit or miss with the snow and the guys were allowed to collect unemployment on the off weeks. This year they were told by owner he wasn’t paying unemployment. The employees are not subcontractors. I would think if you work someone full time hours and want them to remain on for plow season then yoy can’t say you won’t pay unemployment can you? My friend said something about them being considered seasonal help but he has worked full time for the company for 1 year...how is that considered seasonal. I advised my friend to go to the labor board and find out his rights, but I’m curious what the standard is out there and is it still considered seasonal help if you’ve worked for the company for a year plus? Thx for your help.


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## Mark Oomkes (Dec 10, 2000)

Employer is a moron.


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## FredG (Oct 15, 2012)

Cat2 said:


> Asking this question for a friend. Friend works full time lawn care season and full time during plow season. Last year was hit or miss with the snow and the guys were allowed to collect unemployment on the off weeks. This year they were told by owner he wasn't paying unemployment. The employees are not subcontractors. I would think if you work someone full time hours and want them to remain on for plow season then yoy can't say you won't pay unemployment can you? My friend said something about them being considered seasonal help but he has worked full time for the company for 1 year...how is that considered seasonal. I advised my friend to go to the labor board and find out his rights, but I'm curious what the standard is out there and is it still considered seasonal help if you've worked for the company for a year plus? Thx for your help.


 He is definitely a moron. Furthermore a seasonal employee is the most entitled to unemployment. It's very simple, if he don't want to pay unemployment don't lay them off. That :terribletowel:don't want to pay his percentage of unemployment on his laided off guys.

Most good guys want there unemployment and cash when you do need them. Yes that's against the law too.


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## Cat2 (Jul 31, 2018)

Lol, Thx Mark


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## Cat2 (Jul 31, 2018)

FredG said:


> He is definitely a moron. Furthermore a seasonal employee is the most entitled to unemployment. It's very simple, if he don't want to pay unemployment don't lay them off. That :terribletowel:don't want to pay his percentage of unemployment on his laided off guys.
> 
> Most good guys want there unemployment and cash when you do need them. Yes that's against the law too.


Thx Fred


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## Mark Oomkes (Dec 10, 2000)

Cat2 said:


> Lol, Thx Mark


The employer doesn't determine who gets unemployment. There are laws regarding this. He can't just classify someone as seasonal who has met the requirements to meet unemployment benefits.

Some of that I have issues with, but there are idiots like this guy.

On the other hand, the guy is an idiot because he's going to lose employees by treating them like crap. Which he deserves.

Shoot, I have a guy that does a minimal amount of design work for me and he gets laid off in the winter from his "full time" job and I'm still on the hook for part of it...this I disagree with.


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## FredG (Oct 15, 2012)

Union heavy highway guys are considered seasonal. Non union to for that matter. Mark is right you can't label your employees the unemployment office does that for you. :laugh: When I was working you had to have at least 40 hours for me or I was not coming off my unemployment and sub pay. You would need some creative payroll if you felt you needed me without 40 hrs, if it was a check in my Wardens name for bookkeeping among other ways.


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## Defcon 5 (Mar 20, 2014)

Simple call to the Labor relations board by one of his employees with clear this matter up real quick...


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## John_DeereGreen (Jan 2, 2011)

Defcon 5 said:


> Simple call to the Labor relations board by one of his employees with clear this matter up real quick...


As well as any other issue they can find by looking at every piece of employee related paper and documentation for the last 50000 years...


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## FredG (Oct 15, 2012)

Contractor is playing a dangerous game. More trouble than I would choose to chance. You get a disgruntled employee that your trying to pluck is a bad choice.


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## John_DeereGreen (Jan 2, 2011)

FredG said:


> Contractor is playing a dangerous game. More trouble than I would choose to chance. You get a disgruntled employee that your trying to pluck is a bad choice.


One little complaint turns into a whole lot of headaches from what I've seen/heard. Thankfully not had to deal with it.


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## leolkfrm (Mar 11, 2010)

all the employees need to do is sign up and file every week....let the chips fall where they do


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## Randall Ave (Oct 29, 2014)

The employer is wrong. Tell your bud if he is not working, no pay check. Go file for unemployment. Has he been paying taxes, or paid in cash?


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## JMHConstruction (Aug 22, 2011)

Are other states different? We (employer) have to pay into unemployment regardless of full time, part time, seasonal, whatever. Because we're construction (and my snow removal counts as that too) we pay higher percentage (6% of wages instead of 2.7). It doesn't change a thing for me if my guys claim or not, so I prefer they do. Anything to help them while we're slow.

I don't understand why or how this employer would say no to them claiming. Even if he would fight it, I don't think he'd win. I'm no attorney though, I'd call the start board to find out exactly


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## FredG (Oct 15, 2012)

leolkfrm said:


> all the employees need to do is sign up and file every week....let the chips fall where they do


 For sure at least in NY.


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## Randall Ave (Oct 29, 2014)

JMHConstruction said:


> Are other states different? We (employer) have to pay into unemployment regardless of full time, part time, seasonal, whatever. Because we're construction (and my snow removal counts as that too) we pay higher percentage (6% of wages instead of 2.7). It doesn't change a thing for me if my guys claim or not, so I prefer they do. Anything to help them while we're slow.
> 
> I don't understand why or how this employer would say no to them claiming. Even if he would fight it, I don't think he'd win. I'm no attorney though, I'd call the start board to find out exactly


Unless he is not paying the taxes he is withholding.


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## LapeerLandscape (Dec 29, 2012)

Randall Ave said:


> Unless he is not paying the taxes he is withholding.


I have seen or heard of that one time years ago. The employer never paid in the taxes that he withheld from the employees so the only record was the employees pay stub.


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## norb5150 (Oct 3, 2015)

Tell your friend to apply for unemployment comp and he will be approved as he has worked full-time for more than 1 quarter of a year. He will have to work when requested by his employer and claim his earnings for weeks worked. When he doesn't earn a certain amount of wages he will get partial amount unemployment for weeks worked less than 40hrs


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## sven1277 (Jan 15, 2008)

My guys are laid off every winter .When they plow, they have to claim those hours and their unemployment pay is reduced during that period. That's the way it is. As stated, that employer is a moron


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## BossPlow2010 (Sep 29, 2010)

sven1277 said:


> My guys are laid off every winter .When they plow, they have to claim those hours and their unemployment pay is reduced during that period. That's the way it is. As stated, that employer is a moron


In Michigan you can do half unemployment which sounds similar to what you posted.


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## Herm Witte (Jan 27, 2009)

BossPlow2010 said:


> In Michigan you can do half unemployment which sounds similar to what you posted.


Please explain.


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## BossPlow2010 (Sep 29, 2010)

Herm Witte said:


> Please explain.


https://www.michigan.gov/uia/0,4680,7-118-1533-78914--,00.html


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## Mark Oomkes (Dec 10, 2000)

BossPlow2010 said:


> https://www.michigan.gov/uia/0,4680,7-118-1533-78914--,00.html


Huh...


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## BossPlow2010 (Sep 29, 2010)

Mark Oomkes said:


> Huh...


Sorry Herm for not explaining it fully, a client of mine mentioned it to me the other day and I'm still unsure of all the parameters


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## Mark Oomkes (Dec 10, 2000)

BossPlow2010 said:


> Sorry Herm for not explaining it fully, a client of mine mentioned it to me the other day and I'm still unsure of all the parameters


I'm not Herm...he's better looking.

I was under the impression they could basically work 1 day, any more and they lost their "benefits" entirely.

That's interesting.


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## BossPlow2010 (Sep 29, 2010)

Mark Oomkes said:


> I'm not Herm...


Sorry Ryan...


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## Mark Oomkes (Dec 10, 2000)

BossPlow2010 said:


> Sorry Ryan...


I am MUCH better looking than Ryan...but bourbon will do that to a person.


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## Herm Witte (Jan 27, 2009)

Banter aside, that explanation of benefits is new to me. I need to check it out.


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## Woodenshoe (Oct 30, 2010)

Unemployment compensation in Michigan is all based on dollar amounts, not hours or days worked in a week. The employees weekly benefit is check is reduced based on their self reported earnings to keep their income consistent. If they don't properly claim their earnings to match exactly what the employer reports, bad things happen (payback plus penalties, and ineligibility when severe enough).

Edit:
If you do your payroll in house, you get all the forms and statements from the unemployment office so you can verify (and contest if necessary) what each employee claimed they earned while actively collecting unemployment benefits. Fun times...


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