Is there a difference between fired and laid off?

My boyfriend's employer, in a right-to-work-state, told him and several other people that they were being laid off and gave them paperwork stating they were rehirable. When my boyfriend tried to file for unemployment, his former employers told the ESC that he was fired for misconduct and was ineligible. From what my boyfriend knows, the only misconduct in his file was one verbal and one written warning for tardiness. I feel that his integrity suffers more for being fired for misconduct than for being laid off. Am I correct?
Additional Details
My boyfriend's employer, in a right-to-work-state, told him and several other people that they were being laid off and gave them paperwork stating they were rehirable. When my boyfriend tried to file for unemployment, his former employers told the ESC that he was fired for misconduct and was ineligible. From what my boyfriend knows, the only misconduct in his file was one verbal and one written warning for tardiness. I feel that his integrity suffers more for being fired for misconduct than for being laid off. Am I correct? He has already appealed his first denial and was denied again.

michr

lay-off
the employer is letting you go with the intention to bring you back in the future
fired/terminated
the employer is letting you go with no intention to bring you back in the future

the reasons can be "without cause" such as:
down-sizing, lack of work, relocation of business, management/ownership changes, reorganization, the employer does not like you, the employee wore the wrong color socks etcetera.

the reasons can be "with cause" which could include:
poor job performance, misconduct, violations of policy or procedures (such as tardiness or absenteeism).

progressive discipline (system of using write-ups and counseling to improve performance) is not required by law but is used by many employers when they feel it will help to decrease employee turnover and improve productivity. all companies should use progressive discipline but it is not a requirement of law.

being fired, laid-off or quiting has nothing to do with qualifying for unemployment. what makes the difference is if the job action was due to "cause".

you can qualify even when you quit if you had good cause to quit such as a significant change in the job, pay or conditions, discrimination or retaliation in the workplace etcetera.

if you are terminated with cause you will not qualify for unemployment
if you are terminated and it is decided that there was not cause then the emplopyee will qualify. regardless of the reason the termination took place and if the claim is denied you should appeal the decission and make the employer prove they had cause to terminate.

Judy

Technically yes there's a difference - filed implies the person did something wrong, laid off implies lack of available work. But he should contest the unemployment if he was turned down.

Wheel Man

when filing for unemployment, the employer may challenge his right to collect benefits via a hearing that takes place at the unemployment office. Your boyfriends paperwork should suffice as all the proof he needs. He simply needs to follow through with ESC and let them handle to procedure.

Rodger S

fired means that you done something wrong and the boss fires you. laid off means that your job doesn't have enough money.

MARY S

FIRED means good riddance

LAYED off means, get lost for now, but wait till we call you ta come back.

LONG LIVE THE WORKERS...UNITE AGAINST THE OPRESSORS

und give all your prssing to a ;aundenderry that got steam irons

Ynomrah

Yes, you are correct. I do believe that he could use the paper work against his former employer. He is in good standing, he has a written referral letter, according to you. It is exactly for such a reason why it is recommended that when you leave a job, laid off or resign, that you get a written referral. He may need a lawyer. Note that they don't give written warning for tardiness unless it is excess.

TedEx

When there is not enough work to justify having you on the payroll, you are "laid off.", and if the lack of work is short-term, you may be eligible for rehire. .. Tell the person who is interviewing you, you were 'laid off" and he will understand.

"Fired" implies you were left go to due to reasons other than lack of work. reasons might be, attitude, attendance issues,. or they :" just don't like you." This may require a further explanation.

I might add, this happens to everybody, and 'being fired" no longer is something shameful and disgraceful.

Sometimes, there is a fine line between the two.
Suppose a company has 10 employees in the department, and they find they only need 7. Who will go? If it is a union shop, then the 3 with the least seniority will go. If in a non union shop, the 3 which the company feels are least valuable will be the ones to go.

If the only blemish on his record is being late, it isn't a reason for his being fired, just an excuse.

Tell him to move on, find another job, and good luck..

Cariba

Yes you are.

Tender Lips

Fired(your fault)- you loosing your job because of you own negative doings as in
-lateness
-bad conduct
-any fraud doings or theft
Laid off(Not your Fault)- loosing your job because of the companys change.
-as in new management
-lack of funds.

Jcontrols

You are correct. We're fighting a Right to Work initiative in Michigan. It boils down to the Right to Work for less! In those states, you're just a corporate slave! ;-(=

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