Laid off/fired

[DMK1969]

I was called into work 5hrs before my shift on january 9th. My boss said he was laying me off. Prior to calling me he called other employee's to find someone to cover my shift. He told me he had to start to work shifts due to low volume of services. He would not give me in writting that i still had my job. But he did however put it in writting that i was layed off for the winter months and that i can collect unemployment, and he signed it...He had also threatened me by saying " If you so or say anything against me to try n get me in trouble i will cut your unemployment". Ok, now, i have since learend tru others still there that he actually fired me tho he did not tell me that nor write that... Question, can he change his mind and cancell my unemployment?

 

[cbg]

It is not up to your employer whether you get unemployment or not. He can contest; he cannot decide. ONLY the state gets to decide whether or not you get benefits or not.

It is not going to be determined by "laid off" vs. "fired" either. The only difference between a layoff and a firing is that with a layoff, there is a reasonable expectation that you will be returned to work eventually. If he has determined that he is not going to have enough work to bring you back to work in the foreseeable future, then you have not been laid off, you have been fired. But being fired for lack of work is no different, for unemployment purposes, than being laid off for lack of work. It shouldn't affect your benefits either way.