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What should I do when staff ask to be released to collect unemployment?

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I run a small business and don’t plan to lay off my staff, but one of my employees asks to be released so he can get more from the aid package than I pay for it, so I did. Now that I was allowed to reopen, he told me that he did not want to return until the benefits were exhausted. I do not want to bring it back at all. And because he refused the offer to get his job back, is he still entitled to collect unemployment?
There are no good deeds that aren’t punished! However, this is unusual – some people choose not to look for work until their benefits are exhausted because they earn more than when they worked. And, people never know what financial pressures a person might face – extra income, even if only temporary, can be more important for someone than returning to work in long-term work that pays less. That is their decision, and that does not mean you have to leave their work open to them. If you do offer to re-employ this person and he refuses, well, he puts his eligibility for unemployment at risk if you tell the Labor Department.

I was laid off and my last day on the payroll would be August 31, but my last day of work was actually May 31. Which date did I place my resume as my last day?
The date that the company listed as the date of termination of your employment is the date that you must use so that there is no difference when the new employer does a reference or background check. The departure date and the salary continuation date for severance pay purposes are usually different, unless there is a negotiation in which the company will use a future date as the date of termination of employment and not the last date of employment. It is very beneficial for you to use August 31, because it generally looks better to find a job when you have a job, and to negotiate leverage with prospective employers. Just confirm with your boss which date they will use and get it in writing.

Gregory Giangrande has more than 25 years of experience as chief executive of human resources. Send your questions via email to GoToGreg@NYPost.com. Follow Greg on Twitter: @greggiangrande and at GoToGreg.com, is dedicated to helping New Yorkers get back to work.

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