‘The dude "released" me without notice’: Boss fires 3-year contractor, tries to bypass giving him unemployment by rehiring him as a 'new employee'

Author image for Elna McHilderson
Elna McHilderson • Managing Editor
Dec 16, 2023 8:00 PM EST

If you have ever been fired, then you there is an emotional and mental processing period right afterwards. You go through the stages of grief. After you come out of that, you pick yourself back up and you start over—applying for unemployment, applying to new jobs, etc. However, some shady business will try to meddle in your grieving period by unfairly removing your chances at getting unemployment. How do they expect you to eat and pay rent while you're looking for a new job? When this happens, tread lightly. 

This contractor was fired in a shady manor and is now getting offered to be "rehired" in an even shadier manner. How so? Well, if he denies a job offer, he could potentially be then made ineligible for unemployment. On the other hand, he works in an at-will state, which means they can fire you at any moment. So if he gets rehired, but then fired the next day, he would now be fired as someone who only worked there for a day and thus, ineligible for unemployment. See the catch 22 here? But don't fret! Reddit and it's knowledgable redditors have recommendations on what to do in this type of situations. Once you get that figured out, check out this satisfying revenge on a trust fund baby ex-boyfriend.

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  • 01
    "He's covering his rear, realizing I could get unemployment from him and he's just doing what he can to stop me from getting it."
    via USACE via Flickr
  • 02
    Posted by u/MLPxPinkFlash 12 hours ago Boss "releases" me, then asks if I want to work for him again
    via u/MLPxPinkFlash
  • 03
    I live in Maine. I've been working for this contracting firm... or company, whatever you want to call it, for a little over 3 years now.
    via u/MLPxPinkFlash
  • 04
    The location I've been working in doesn't like us contractors. They can't tell me what to do or when to do it, they have to go through my boss... as such, the only reason they created a contract with my boss in the first place
    via u/MLPxPinkFlash
  • 05
    was due to insane staffing issues. So, from the very beginning, they were looking to replace us contractors. The day finally came that they got some new employees to replace
    via u/MLPxPinkFlash
  • 06
    me... and... either I was so genuinely bad at my job... or... the location I worked at falsely cited "poor performance" to break contract without penalty.
    via u/MLPxPinkFlash
  • 07
    I took some time to process this and was getting ready to file for unemployment... when my boss came with a text... asking if I wanted a position at his company again. Someone else had
    via u/MLPxPinkFlash
  • 08
    just walked out and I was offered their spot. To my understanding... if I decline a job offer, I'll no longer be eligible for unemployment... despite the fact the dude
    via u/MLPxPinkFlash
  • 09
    "released" me without notice at all... (So who's to say he won't do it again?) I have concerns... First, he wants to rehire me without my previous requests. When I was
    via u/MLPxPinkFlash
  • 10
    hired, he asked if I had any requests and I said "Wednesdays", he's refusing to grant me Wednesdays now. Interestingly enough, he had been trying to get me to work Wednesdays for a while...
    via u/MLPxPinkFlash
  • 11
    Second, if he rehires me... would I be considered a new employee? This is a at-will state, so... can't he just... immediately fire me again? Thus, loopholing unemployment? I think,
    via u/MLPxPinkFlash
  • 12
    to be eligible for unemployment, you have to have been working for that employer for over a year... but if I'm considered a "new employee", I get nothing, right? It's literally a catch 22.
    via u/MLPxPinkFlash
  • 13
    Third, I'm not sure if this means anything... but the guy who hired me, my boss, is not the one to fire me. It was his son, who is meant to take over for his father one day... but to my knowledge, hasn't taken over yet. His son is
    via u/MLPxPinkFlash
  • 14
    also the one to send me the rehire text. What exactly should I do? It honestly looks like he's covering his rear, realizing I could get unemployment from him and he's just doing what
    via u/MLPxPinkFlash
  • 15
    he can to stop me from getting it. TI; Dr: Boss "releases" me from employment, asks to rehire me but I think it's just a tactic to cover his rear from me getting unemployment.
    via u/MLPxPinkFlash
  • 16
    The_Firedrake. 10 hr. ago Hopefully you haven't responded to that text yet. Which means you never Got that text. Right? Right!?!?
    via The_Firedrake
  • 17
    mffatgabe1955 hr. ago No you'd have to accept or acknowledge the offer, you realize the unemployment off is based of what you tell em right? Just don't cheat yourself outta unemployment by
    via u/mffatgabe195
  • 18
    mentioning this offer and if you did let them know they're aren't giving you the request you shifted therfore cant and wont work there
    via u/mffatgabe195
  • 19
    ● Arn_Darkslayer 3 hr. ago You have not turned down an off that you applied for so no. You have a minimum number of jobs you must apply for and
    via u/Arn_Darkslayer
  • 20
    cannot refuse any offers from those jobs. You are not even required to go to any interviews much less accept a job you have not applied for.
    via u/Arn_Darkslayer
  • 21
    thedjbigc 11 hr. ago I'm not sure how it works in Maine but I'm pretty sure this would qualify as unfair dismissal under "Fire and Rehire" rules. I'd look into them a bit.
    via u/thedjbigc
  • 22
    That said - find a different job and don't work for this. You can't trust them and trust is important for your paycheck.
    via u/thedjbigc
  • 23
    PleaseCoffee Me 2 hr. ago ● Did you apply for the job? If no, it's an unsolicited job offer. Look at it this way, you aren't turning down a job you APPLIED FOR.
    via u/PleaseCoffeeMe
  • 24
    ignore the text. If asked, just state that company released you from the job, you did not apply to be rehired, you do not want to work there again. Keep it simple.
    via u/PleaseCoffeeMe
  • 25
    ● Equivalent-Pay-6438 5 hr. ago Check with unemployment for your state, but in New York they count all the work you've done everywhere for an 18 month period, otherwise people would be firing and
    via u/Equivalent-Pay-6438
  • 26
    rehiring the same person every week to avoid it. You're a contractor. That's like a temp, so you don't get any real benefit from being an "old" vs. "new" employee. If it were me, I'd take the job.
    via u/Equivalent-Pay-6438
  • 27
    Unemployment pays lousy and it is limited. It's not like the DOL couldn't notice the fireing and rehiring was at the same place. If no Wednesdays is your hill to die on, ignore the text. I think someone fired you without permission.
    via u/Equivalent-Pay-6438

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