Is this right as an employer and what can I do as an EXemployee

[Slowpoke]

What is the name of your state? North Carolina
Hi everyone thanks to all who reply! I have been working for this guy for 14 months,and I got into an auto accident and with Drs. note I was excused for 3 months. I was working part time @ 30 hrs a week on the books but physically worked 40 and the extra 10 hours I worked they wrote in a check to my spouse who has a part time job. Now I am able to go back to work,and my spouse's job laid her off due to lack of work but spouse will be returning to work as soon as business picks back up. I am fired now because my spouse went to sign up for unemployment from being laid off from her job,and now my employer is all upset because he has to pay for her unemployment,and I am fired for that reason,going behind his back. Can my employer legally fire me for that reason?(I know I can be fired for anyreason but this is rediculous) What can I do about this legally? I am searching for other employment,the bills are still coming in. Any advice will be apreciated
Thank you. I hope I made this clear and understanable.

 

[ecmst12]

I'm confused. Does your spouse work for the same company as you do?

Are you and your employer covered under FMLA? Have you worked there at least a year and worked at least 1250 hours in the previous 12 months prior to the leave? Does your employer have 50 or more employees in a 75 mile radius? If so, you are entitled to up to 12 weeks of job-protected leave, no more. If you cannot return to work the day after 12 weeks are up, they are legally allowed to let you go. You can also be fired while on FMLA if it can be shown that you would have been fired even if you had not been on leave (performance issues, general layoffs, that kind of thing).

 

[Slowpoke]

I'm confused. Does your spouse work for the same company as you do?

Are you and your employer covered under FMLA? Have you worked there at least a year and worked at least 1250 hours in the previous 12 months prior to the leave? Does your employer have 50 or more employees in a 75 mile radius? If so, you are entitled to up to 12 weeks of job-protected leave, no more. If you cannot return to work the day after 12 weeks are up, they are legally allowed to let you go. You can also be fired while on FMLA if it can be shown that you would have been fired even if you had not been on leave (performance issues, general layoffs, that kind of thing).

Thanks ecmst
No my spouse does not or never did work for my company(they only wrote her a check because i was part time (30 hours) for 14 months,and anything I earned over 30 hours was put in a check in her name.(he was saving money that way) I am not familiar with FMLA,No my employer only has 3 workers. I returned to work in the time you specified and the boss said he wasnt sure if i was coming back or not because he had hired someone in the meantime while i was out with Drs. note. Now While my boss was thinking weather or not i was to come back,my spouse got laid off from her job,and signed up for unemployment,and now I am fired because my boss has to pay her unemployment insurance. He thinks she went behind his back and signed up. But thats not so her job is slow right now and she will be returning to her job. So I cant do or say anything about my boss's decision,I have to accept that I was fired for that stupid reason? Thanks to all who reply

 

[Slowpoke]

Thanks ecmst
No my spouse does not or never did work for my company(they only wrote her a check because i was part time (30 hours) for 14 months,and anything I earned over 30 hours was put in a check in her name.(he was saving money that way) I am not familiar with FMLA,No my employer only has 3 workers. I returned to work in the time you specified and the boss said he wasnt sure if i was coming back or not because he had hired someone in the meantime while i was out with Drs. note. Now While my boss was thinking weather or not i was to come back,my spouse got laid off from her job,and signed up for unemployment,and now I am fired because my boss has to pay her unemployment insurance. He thinks she went behind his back and signed up. But thats not so her job is slow right now and she will be returning to her job. So I cant do or say anything about my boss's decision,I have to accept that I was fired for that stupid reason? Thanks to all who reply

Am I making any sense??

 

[Ohiogal]

What I am getting is that you were all engaged in fraudulent activity in order to avoid following the law. And now you are complaining about it because your spouse is claiming unemployment for a job that she didn't work and the employer is upset.

 

[ecmst12]

I'm totally confused. If your spouse did not work for your employer, then why did he have to pay for her unemployment insurance when she got laid off of her job????

But if your employer only has 3 employees, then he is NOT covered under FMLA so he can fire you for any reason, INCLUDING being out for legitimate medical leave, that isn't otherwise prohibited by anti-discrimination laws.

 

[pattytx]

What I am getting is that you were all engaged in fraudulent activity in order to avoid following the law. And now you are complaining about it because your spouse is claiming unemployment for a job that she didn't work and the employer is upset.

That's what I'm getting, too.

 

[Slowpoke]

That's what I'm getting, too.

Yep I was on the books for 30 hrs BUT I worked 40 and the money for the 10 hours over was written in a check to my spouse (to save my employer money).
Spouse had her own job at the time,and they (her job) Laid her off,and now she is collecting,and now my boss fired me for her collecting unemployment benefits because now he has to pay the unemployment insurance. He claims that WE went behind his back to do this. I know a bunch of BS!! Im not complaining I just wanted to know if this was a ligit reason for getting fired.
I was out of work due to an accident with a Drs. note

 

[Slowpoke]

I'm totally confused. If your spouse did not work for your employer, then why did he have to pay for her unemployment insurance when she got laid off of her job????

But if your employer only has 3 employees, then he is NOT covered under FMLA so he can fire you for any reason, INCLUDING being out for legitimate medical leave, that isn't otherwise prohibited by anti-discrimination laws.

I see what your saying ecmst but I was not fired for being out too long from work,I was fired because my boss thought we(spouse and I) were going behind his back ,and claiming unemployment, but spouse was claiming benefits through her job. See because BEFORE my spouse got laid off, my boss was deciding weather or not if he could have me back to work when he has hired a new eployer in my place, for finacial reasons Im sure.
Thanks

 

[pattytx]

If he fired you because you wore blue socks, it would not be illegal. I don't see any wrongful termination here under the law. What I DO see if the employer not paying you for all hours worked. I see your spouse accepting money that she didn't work for. I see a LOT of problems here, but wrongful termination is not one of them.

 

[Slowpoke]

If he fired you because you wore blue socks, it would not be illegal. I don't see any wrongful termination here under the law. What I DO see if the employer not paying you for all hours worked. I see your spouse accepting money that she didn't work for. I see a LOT of problems here, but wrongful termination is not one of them.

K Thanks Patty,I am on the hunt for a new job. I just learned some new things here. I did'nt see any harm,seeing taxes were beeing paid anyways,I guess I was wrong in doing that. Childish reason tho for being fired in my opinion.

This still is an awsome helpfull site. Thanks

 

[Slowpoke]

K Thanks Patty,I am on the hunt for a new job. I just learned some new things here. I did'nt see any harm,seeing taxes were beeing paid anyways,I guess I was wrong in doing that. Childish reason tho for being fired in my opinion.

This still is an awsome helpfull site. Thanks

Actually the checks were doled out the way they were is because the boss could not afford to insure me as a full time employee.

 

[ecmst12]

So your BOSS was engaging in fraudulent activity, and you naively went along with it. I don't blame you TOO much for that, but since your wife was on your boss's payrole, the unemployment people found out about it. They go after everyone you've worked for in the past year. He could try to contest her unemployment claim, but then he'd risk further investigation by the department of labor and them finding out about his fraud. Being this close to getting caught at doing something that could get him in an awful lot of trouble probably made him pretty nervous, so he decided to fire you and distance himself from his stupid decisions.

This is not your fault, but it's not illegal either.

You should file for unemployment though. I bet he doesn't fight you, for the same reasons stated above.

 

[moburkes]

Actually the checks were doled out the way they were is because the boss could not afford to insure me as a full time employee.

By insure, are you talking about WC, or about health insurance? He's not required to offer you health insurance (IF that is what you meant). If not, then ignore.

 

[ecmst12]

I suspect he's talking about worker's comp or maybe liability insurance (don't know what the job is), not benefits....I doubt this employer even offers benefits to his admitted full time employees.