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You have to take out unemployment for a person to be able to collect it. In my state they have to work 13 weeks consecutively to apply. Being fired means waiting longer to collect.
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Reply to JoAnn29
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Unemployment is a government program and the government (through your taxes) pays for an employee. Whether they pay or do not pay is complicated. And not up to you. You will only answer questions if asked. So not to worry. None of this is now in your hands. You have fired the tardy worker and you now get on with your own life.

Do know that unemployment rules are specific to both state and federal rules at times, and complicated. Not something you have to think of but if you have an interest in researching you can do so via the internet.
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Reply to AlvaDeer
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If she was privately hired and you were paying her in cash and there's no written contract or proof of employment, then no.
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Reply to Geaton777
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If this person was working with an agency, she would apply through the state. The state would determine if she qualifies or not and the state would pay her accordingly to what she made the entire year and break it up into quarters.

You wouldn't have to pay unemployment out of pocket as long as you were paying the proper taxes for her and issued her a 1099 form so she could go file with the state..

Now, if she was a private aide you hired, she would still have to file a claim with the city and state. Just make sure you give her the proper documentation 1099 form to do so. Working privately or under the table so to speak, I think if she pleads a big enough case, she can get something as long as she has the proper paperwork. I'm not sure how this will work out for her if she doesn't.

She can try to file a file a lawsuit, but what what she have to go on without any documentation?
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Reply to Scampie1
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Hi! I suggest that you wait and see if the person you have fired actually does anything other than talk and threaten. If it goes further, please could you use more ‘normal’ language? Sometimes people use what they think are formal or legal terms, which in fact really obscure what is going on, and I suspect that you have fallen into that trap.
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Reply to MargaretMcKen
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