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Human Resources Expert Expert: Margaret Lobenstine
Unemployment eligibility
Q: I am a small company (work out of my home) have 3 employee working off site. I am a recruiting company specializing in healthcare, we place permanent candidates and temp/contract candidates. The temporary candidates work usually for a 13 week period (full time 40hrs) at the hospital. We put the candidates on our payroll. My question for you is.. I have a candidate we had to terminate (due to clinical skills) she is now looking for unemployment?? Do we have to pay unemployment??
A: Each state has different rules for determining eligibility. Clearly, you had this person on your payroll, so s/he was not an independent contractor ineligible for unemployment. In many states, if the person was fired for cause, they may not be eligible. However, you should check locally. It is possible that since you hired the person with his/her given skills and placed the person with those specific skills, it may be ruled that s/he is eligible if post–facto the skills are defined as inadequate.
Some issues discussed in the expert forum are complex and continually changing.We recommend you consult a professional advisor about your specific circumstances, needs, and applicable laws. More details.