Am I getting laid off?

Factual Questions
1

Well, I think I am. I know that tomorrow the terms for the termination of my employment will be set. Here is the deal. (Please bear with me there is a GQ coming.) I work for a very small company; small as in fewer than five employees. I was hired about 6 months ago to take care of the technical part of a new aspect of the business that the owner is trying to get out of the gates. Well, it isn’t going so well and he is experiencing some cash flow problems. The old part of the business is consulting and he basically said he would love to send me on an extended consulting assignment, but otherwise he was going to have to let me go. Unfortunately that would mean that I would be away from home for three to six months. While I’m sure he would allow me to come home at least once a month but my wife and I discussed it and we just don’t want to live that way. So, tomorrow I am going to tell him that I’m not interested in leaving home for that long.

So, am I getting laid off or am I leaving voluntarily? I hope to find a job fast enough that unemployment insurance won’t have time to kick in, but if not I’m pretty sure that the answer to this question is really important. If I could continue to work under my current circumstances I wouldn’t even think of leaving. I really like my job and the owner of the company and he says he has been happy with my work.

Also, what happens to him if I file for unemployment compensation? Like I said, I really like this guy and I feel bad that his business plans aren’t working out. Of course, but I need to take care of my own so I’ll probably file. I’d just like to know what happens when I do from the employer’s point of view.

Thanks all!

2

IIRC, if you are a W-2 employee, the employer has to pay payroll taxes 4 times a year to the state, which covers unemployment (so it’s no sweat for him). You can only get unemployment if you are involuntarily relieved of your work. I would make sure you get a letter of recommendation from this guy including the reason you were laid off and attach that to all the resumes…good luck!

3

If you are a 1099 Employee, you aren’t eligible for UI.

4

Thanks sethdallob.

I’m a W2 employee. Maybe I should just ask the owner about it when we talk tomorrow. I mean I don’t want to leave, but my choices are either leave or do a job that I don’t feel I was hired to do. So I guess I don’t think I’m leaving voluntarily, but he did offer to keep me on as long as I’m willing to go on the road for 6 months.

I sure hope he has paid those state payroll taxes for the state I’m in, which is a diferent state than the rest of the company. I’ve been telecomuting. He says he has but I’m not so sure.

Anyone want to tackle what is going to happen when I pay my income tax or file for unemployment if he hasn’t?

5

If you are a W2 employee, he has to be paying payroll taxes for you, otherwise he is in go-to-jail-for-a-long-time-land. So don’t sweat it.