Question on employment

[Mntnman]

What are the differences in Nebraska from quitting, getting laid off, or getting fired?

Thanks in advance

Times, they are a'changin'!

[landon410]

i dont know but if you're in need of a job they just posted 2 new openings where I work.
Commercial Insurance Claims at Zurich Insurance
I know they need 1 person for PIP coverage claims and 1 person for collision claims

[GreyGeek]

What are the differences in Nebraska from quitting, getting laid off, or getting fired?

Compared to where else?

Working for national businesses and franchises are the same here as most anywhere else.  Subway is Subway.   They follow rules laid down by OSHA, EPA and other Fed regulatory agencies.   Like Hobby Town, owners sometimes have defend their Constitutional freedoms in front of the SCOTUS. 

Working for local businesses that employ less than 25 (50?) people is a different matter.  Nebraska workers compensation laws require all employers to carry occupational injury insurance policies in order to ensure timely payments to injured workers as and when needed. 

If employee is fired: next scheduled payday or within two weeks, whichever is earlier.
If employee quits: next payday or within two weeks, whichever is earlier. (Neb. Rev. Stat. § 48-1230.)

I just scratched the surface.  Here is a list of SOME of the employment topics that a business owner must contend with IF they want to hire help:
Affirmative Action
Age Discrimination
AIDS
Arrests/Convictions
Authorized Workers
Background Checks
Benefits for Unmarried Partners
Blacklisting law
Breaks
Breastfeeding
Child Labor Law
Child Support
Court Attendance - Victim of Crime
Credit Reports
Data Security/Breach Notification
Direct Deposit
Disabilities
Drug/Alcohol Testing
E-Verify
Employment At Will
Family and Medical Leave
Family Military Leave
Genetic Testing
Health Insurance Continuation
Insurance Portability
Jury Duty
Lie Detector Tests
Lifestyle Discrimination
Medical Donation Leave
Military Leave
Mini COBRA
Minimum Wage
National Origin
New Hire Reporting
Non-Compete Agreements
Occupational Safety and Health
Off Duty Conduct
Overtime
Pay Schedules
Pay Statements
Payment of Commissions
Personnel Files
Plant Closing and Mass Layoff
Posting Requirements
Pre-Employment Inquiries
Pregnancy Discrimination
Privacy
Race
References
Religion
School Visitation Leave
Sex Discrimination
Sexual Harassment
Sexual Orientation Discrimination
Smoking
Social Security Numbers
Title VII/Civil Rights
Unemployment Insurance
Union Members
Vacation Pay Upon Termination
Violence
Voting
Wage Deductions
Wage Garnishment
Weapons
Whistleblower Protection
Workers' Compensation

The time has long since passed when two people could negotiate mutually agreeable terms and shake hands two seal the agreement.  Why?  Because most people today do not have a common ethical base which controls their behavior.  Ergo, everything has to be in writing and signed, sometimes in front of witnesses.

[Mntnman]

My wife recently had to change hours to a 24/7 shift at work, the type of shift to run 7 days a week isteak of 5 plus over time if needed. Well, they are so slow that they don't want to hire anyone and the night shifts don't have enough people to run. They decided to make some days people move to nights based on seniority, not performance like her job group is supposed to do. She is the best worker in department, by far. She got the call to go to noghts or it is considered quitting. Should she say no or go, then get fired?

We discussed this last night because the rumor was going around and decided her working nights is not going to work for our family. If she tells them no today, they consider that her two week notice. I was wondering if there might be any advantage to telling them yes, then making them fire her within a couple weeks.

[Mntnman]

Talking to her coach about if she says no is really making the lady nervous. When she had to switch sifts, they all fought to get her on their shift. She would love the satisfaction of telling them no, she isn't going to do it. It is pretty hard to get confirmation that being the one person that gives a damn doesn't matter. This has happened to her before based on senority and not performance but she is not the type of person that can half-ass anything.

[Mntnman]

This company is losing customers due to quality issues and nobody wonders why, smh.

[newfalguy101]

it USED to be that a volunteer quit would delay unemployment benefits for like 6 weeks or so.

Based on what you are saying, it sounds like either your wife goes nights or volunteers to quit ( based on the two weeks comment ), so I would suppose that if she leaves, they will argue it was volunteer and try to block unemployment.

[Mntnman]

She is going to tell her coach to find a way to keep her where she is at or she is gone. 99% chance they say buh-bye but she says her coach starts crying every time she talks to her. At least she knows some people appreciate and will miss her.

[birddogne]

  I do not want to give anyone advice as to whether to quit their job or not.  But from an employer perspective, I had the same thing happen at my work.  We had to change shifts due to customer needs.  I had one employee who did not make the move, so I had to terminate them, I terminated them as a "volunteer termination" since we were still willing to provide them with employment.
  They filled Unemployment, I fought the claim and ended up having a Unemployment Hearing.  During which time I made the case that due to customer needs we had to make the change and that all employees were making the same shift change and this individual was still offered employment with our company and chose not to continue their employment.
  I ended up losing the case and the individual got their Unemployment. 
  Please give careful thought before ending the employment, your case may not turn out the same as this one based on which Unemployment Judge she gets or their mood at the time.
  As with all court cases, things may look the same but end differently, just based on someone's individual belief's.
   
     

[Mntnman]

They just changed from 3 40 hour shifts to 4 44 hour shifts. Losing volume and customers the whole time. It was a major change for her to go to 12 shifts because I work about 12 hours a day. We worked oposite shifts the whole time our kids were little so we could raise them. The sacrifice was worth it but have decided that we are not willing to do that again.

We will survive but have to change some habits. Health insurance at my work is double what we have been paying. We are looking at the eventual positives of her not working there any more.  It will be for the best in the end.

[Mntnman]

I guess she is going to nights for now.  sounds like corporate is there axing managers.

[bullit]

As an employer, I've had similar experiences as birdgogne with Unemployment hearings.  I've had two employees submit resignation letters over my years in business.  I contested both and ultimately went to what amounts to a "Kangaroo Court".  Both decided against my business, EVEN THOUGH THEY BOTH MENTIONED NOTHING NEGATIVE IN THEIR RESIGNATION LETTERS.....just simply needing change.  In short, the hearings are a joke.   I was forewarned by one of the state's attorneys prior to the hearing "off the record" as a friend and not a threat....that I was going to lose.  In short, one your wife WILL get unemployment benefits regardless of being laid off, fired for never showing up, resigning, burning down the capital building, etc.  (you get my drift).  You can have all of the documentation in the world and it won't matter from the employer's perspective.  My take home lesson will be to never waste my time disputing.  Yet another reason Nebraska suffers in attracting companies here.

[Mudinyeri]

I've had one hearing as an employer and my experience was the opposite.  Employee quit voluntarily (after one day) because he didn't like the fact that he needed to complete his projects as scheduled.  Judge asked if we still had work available for him.  I answered, "Yes."  Judge said, "Too bad, so sad," to the former employee.

[GrannyOakley]

We've had it go both ways! I always have plenty of documentation,  resignation letters, proof of poor performance,  etc... I've had to pay the unemployment on more employees than not.  The system is unbelievably broken. 

[GreyGeek]

I've been retired for six years, but back before then the State of Nebraska did not seek "recommendations" or "job evaluations" from an applicant's previous employers, nor would they reply to requests for one from employers at which a former state employee was applying for a job.  Too much legal/lawsuit liability.