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I got laid off two weeks ago. My boss is telling unemployment we all left voluntarily and the company is open. Is this legal?

Update:

So all the employees are laid off. My boss who is also the owner is still going in but he's the only one. He told us we had no work because all of our customers shut down and sent us home. He told us to file unemployment right away.

15 Answers

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  • Anonymous
    12 months ago

    Even if you haven’t been terminated, you are considered unemployed after 7 days of not working. Your state unemployment office can easily access your payroll records. They will see that you haven’t been paid in 2 weeks. If you get denied because your boss lied, file a complaint with the department of labor. I doubt they will believe that every single employee left voluntarily in a time when so many are out of work. But it may take some time. 

  • lkl
    Lv 7
    12 months ago

    Unemployment you'l file and you'll state the truth on the form, we won't get unemployment for another 4 weeks,

  • 12 months ago

    Tell them you were sexually harrassed

  • 12 months ago

    I honestly don't get why employers fight unemployment claims. The employer pays your unemployment insurance premium as a percentage of your pay. (I used to have employees). It is actually in their best interest to have you on unemployment, then you are more likely to come back, rather than get another job. It's not up to your employer to approve the claim. And if all of the employees are filing, it's hard for the employer to say everyone "just left". Get any evidence you can that you were laid off.... even if it's printing out texts between yourself and others when it happened "I just got laid off"..... They are time stamped. There is probably a sign on the door of the business saying they are closed..... or a sign when he goes to lunch saying they are closed. Get a picture of that. A business that was running would not be closed during business hours. He would have a big help wanted sign if all of his employees had actually just quit. Hope this helps.

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  • J M
    Lv 7
    12 months ago

    No it is not legal. Complain to unemployment.

  • 12 months ago

    It's perfectly legal for the employer to report to the unemployment office.  The UO always calls the employer for verification on all employees who file. They are either open or they are not.  If they are closed, tell the UO.  Appeal your case.

    Source(s): Certified Paralegal, with 25+ years' experience & with Employment law experience.
  • Anonymous
    12 months ago

    How is the company still open if all the employees left? Go to work Monday morning and see if it's open, if not go back to unemployment and tell them.

  • Anonymous
    12 months ago

    you wanted capitalism.  

    capitalism does not like regulations.  

    capitalism does not like workers rights.  

    welcome to capitalism.  

    @jacob, poor troll skills, which is why you are dumb as sh*t

  • Tavy
    Lv 7
    12 months ago

    No and you need to get together and tell unemployment it was a lie. You could all sign a letter.

  • Anonymous
    12 months ago

    No, it is not. This is something that should be reported.

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