General Question

Mariah's avatar

What does "customarily laid off" mean?

Asked by Mariah (25863points) May 31st, 2016

Can’t seem to find an answer to this on Google.

I am applying for unemployment benefits and don’t know how to answer this question: “Are you customarily laid off and do you later return to work with the same or different employer in your industry and/or your occupation?”

I’m not sure whether they’re trying to figure out whether I will ever return to work in the same industry again (to which the answer is yes) or if they’re trying to figure out if I have a date set already at which I know I’ll be back at work (to which the answer is no).

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19 Answers

JLeslie's avatar

I would answer no. You are not in an industry that regularly lays people off, and your intention is not to be in and out of employment, but to find permanent employment.

Wait for some more answers, but that’s how I read it.

CWOTUS's avatar

Seasonal workers such as lettuce pickers and department store Santas, and workers in industries who are hired for short terms and then laid off again, such as construction workers of all types, are “customarily” laid off from time to time.

jca's avatar

Park employees are another example I can think of for employees who are laid off as a “custom.”

chyna's avatar

Construction workers are another group that are customarily laid off.

Mariah's avatar

Thanks, that helps a lot.

johnpowell's avatar

@Mariah :: Don’t drive yourself bonkers overthinking these questions. Go with your gut. Your answer should be “No” here. It is a long-winded way of asking if you are a seasonal employee. People picking apples get the same form.

jca's avatar

Working at Joe’s Clam Shack, at a harbor, which would only be open between Memorial Day and Labor Day, is another example.

Espiritus_Corvus's avatar

It is difficult to find an exact definition to these terms. Federal labor laws under 29 CFR §541 and §825 and 45 CFR §155.20 (Definitions) mention in context these terms separately, but are obscure as to definition. These are horrible examples of lawyerspeak. Maybe you would do better than I in interpreting them.

Massachusetts General Law Part I, Title XXI (Labor and Industries, Chapter 151A (Unemployment Insurance), Section 1 addresses “regular employment” as what is normally termed “full time.” But this is an assumption on my part, taken from the context in which it is used in the law. It is not clearly stated anywhere in the laws, in my opinion,

The term “customarily and regularly” does not come up in a word search in either the Federal or the Massachusetts laws.

After some reading of these laws, I agree with the definitions as stated above. But that is an opinion pregnant with possible faults. Sorry I can’t be of more help.

LostInParadise's avatar

Laid off, as opposed to fired, means that you were let go because there was not enough work for the number of workers. Customarily means that either the company or the industry that it is a part of regularly has to lay off and rehire people due to fluctuations in demand. I am guessing that this does not apply in your case.

johnpowell's avatar

Folks, she isn’t going to be tossed in jail if wrong. Someone will look over the application and if they have questions will contact her for clarification.

stanleybmanly's avatar

As has been pointed out above, it is an attempt to determine whether or not you are a seasonal employee, but there is a more subtle and sinister motive behind the wording of every question on that form of yours, and you it would pay you immeasurably to recognize the landscape you traverse in this stage of our country’s history. Strapped public agencies find themselves forced to sieze any opportunity to withold revenues from apllicants, DESERVING OR NOT. Your relationship with them is therefore per force adversarial, and negotiating the terrain on the obstacle course between you and YOUR money demands that you NEVER forget this.

jca's avatar

Won’t be tossed in jail, but as @stanleybmanly correctly points out, the wrong answer means she will be denied benefits.

CWOTUS's avatar

While @stanleybmanly‘s words are worth remembering at all times while dealing with The Bureaucracy (aka The Man), it’s not necessarily true that “customarily laid-off” workers are denied benefits. I suspect that the response to that question helps some bureaucrat who needs to know that – for whatever reason – to help categorize the employer or the job laid-off from in whatever categorization needs to be done.

Seasonal workers are entitled to the same benefits as any other, as far as I know.

stanleybmanly's avatar

That’s true, seasonal workers usually are entitled to benefits, but the various states are allowed huge discretion in “creative” measures around qualifications and classifications.

jca's avatar

@CWOTUS: I agree with you. Was responding to @johnpowell.

johnpowell's avatar

Seriously folks. I have been through this many times. Lots of conspiracy shit and a lot of Thruthiness that has no basis in fact. But carry on tossing out Trumpiness.

marinelife's avatar

It refers to routine or seasonal layoffs.

Jak's avatar

Also the car manufacturers. I used to date a guy employed at Chevy metal fab. They were all laid off for change-over every September for four to six or eight weeks.

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