Coyote Blog

I was doing a radio interview and was reminded of this article I wrote in response to the famous Obama "Life of Julia" piece extolling the virtues of government in our lives.  Since I spend so much of my time in the last few years finding ways to comply with ever more onerous regulations (rather than actually improving my business or customer service) I thought I would offer a different view.  When I argue that free market proponents need to talk about taxes less and regulation more, this is what I am thinking about.

Since it has been several years since this went up at Forbes, I want to reprint it here in full:

Last week, the Obama Administration released a campaign piece about the life of Julia, showing how Julia benefited from taxpayer largess and oversight by the state at many points in her life. But the campaign piece was incomplete, and missed the part where Julia attempted to start her own business. Long before she started a web business out of her home, she tried to start a retail business.

Julia always liked the outdoors — remember that taxpayers helped her retire from productive work so she could work in a community garden. Well, as she was growing up, Julia loved to camp outdoors. For years she camped at a lovely lakefront public campground until it was forced to close — unfortunately, the government agency that ran the campground had operating costs that were so much higher than the fees charged to visitors that they couldn’t afford to keep it open any longer.

But Julia had an idea. After forming a corporation (a surprisingly easy task with lots of private companies competing to help one complete the proper legal steps), Julia approached the public parks agency about the possibility of her leasing the campground and reopening it under private management. She was surprised, though, at the tremendous opposition she encountered in the agency. Despite the fact that she was willing to adhere to operating standards and restrictions set by the public agency, she initially encountered tremendous resistance. She had assumed a parks and recreation agency would welcome the opportunity to reopen a park to the public, be she had underestimated the near universal opposition to private enterprise she found among the agency’s employees.

Eventually, though, with a lot of hard work and some help from a local TV station that rallied park users to her cause, the public agency agreed to a one-year pilot of her idea.

So the hard part was behind her, right? Probably not. In fact, Julia expected entrepreneurship to be tough. She was worried about the challenges of hiring good employees, getting financing for new equipment, and marketing her new campground. As it turned out, though, she would have little time for any of these concerns.

Before she could even think about hiring employees, she had to get a federal tax ID number, or FEIN, for her company. This identification number allows her to collect and pay her employee’s Social Security and Medicare taxes, as well as withhold and submit the Federal income tax obligations of her employees. In addition to these reports, she also learned that she had to file a separate report each quarter on her employee’s earnings in order to file and pay Federal unemployment taxes.

But her state has its own income tax, so she had to register for a separate ID number to report and pay employee state tax withholding, and then had to fill out yet another registration for another ID number to file another regular report to pay state unemployment taxes. Her state also has a public rather than private workers compensation system, so she registered for another number so she could fill out another monthly report to pay state workers compensation premiums.

And of course, since Julia intends to make retail sales, she needed to register with the state (yet another number and report) to collect and pay sales tax — though her state calls it a “privilege” tax rather than a sales tax because, as the state’s web site explains, conducting commerce is a privilege that can only be exercised with the state’s permission. She is momentarily encouraged when she finds out her state sales tax does not apply to camping, only to eventually find out this is because the state has a completely separate system (yes, another registration number and monthly report) for collecting and paying lodging taxes. So sales in her campground store will be at one tax rate on one report while campsite rentals in the same park will pay a different tax rate on a different report. Which seems overly complicated until she finds out her county also has a separate sales and lodging tax that are added to the state’s, and must be reported separately under a different registration number to the County. Thank goodness she is not in a city, or she could easily have had to file and pay three separate sales taxes and three separate lodging taxes (city, county, state). If she ever decides to rent boats on the lake, she will have to get another state registration to pay a special state boat rental tax, the percentage of which varies based on whether a boat is motorized or human-powered.

Whew. Julia thought she had finally tracked down all her tax registrations, but she was wrong. Her corporation is an S-corporation, so she files and pays her corporate income taxes on her individual return. But it turns out her state also has a franchise tax on corporations she must pay separately, based on her total revenues. In addition, it turns out that each year she must produce a complete list of all her businesses personal property, from lawn mowers to computers to radios to chairs, and submit this list to the County so she can pay property taxes on all these items. Unfortunately, in her state the property tax bill does not end there. When the public agency was running the campground, the county was not allowed to charge another government agency property taxes on the assets. The agency still owns the property — it is just leasing it to Julia so she can operate it — but the county has a mechanism called the Leasehold Excise Tax to make Julia pay the property taxes the agency doesn’t have to pay.

So twelve registration numbers and 12 monthly/quarterly/yearly reports later, surely Julia has fulfilled all her obligations to the government. Unfortunately, no, because she has not even begun to address licensing issues. To begin, the County will require that she get an occupancy permit for her campground, which must be renewed annually. This seemed surprisingly easy, until someone from the County noticed she had removed an old rotting wooden deck from the back of her store that had been a safety issue and an eyesore. It turns out she was in violation of County law because she did not get a removal permit first. She was required to get a permit retroactively, which eventually required payments to seven different County agencies and at one point required, for a reason she never understood, the collection and testing of a soil sample.

Because she will be selling packaged foods in her store (e.g. chips and pop-tarts), she also has to get a health department license and inspection. She had originally intended to keep some fresh-brewed coffee for customers in the store, but it turned out that required a higher-level health license and eight hours training in food handling. She might have been willing to pursue it, but the inspector told her that to make coffee, she would need to install a three-basin stainless steel wash-up sink plus a separate mop sink in her store, and she decided that coffee would have to wait.

Once through the general health licensing process, she then needed to obtain licenses for individual products. She wanted to sell aspirin, so she had to get a state over-the counter drug sale license. She knew that customers would want cigarettes, so she had to obtain a tobacco sales license. One day as she was setting up, a state inspector noticed she had a carton of eggs in her cooler, and notified her she needed a state license to sell eggs (as Dave Barry would say, I am not making this up). And then there was the problem of beer.

She knew that selling beer would require an alcohol license. In addition to requiring a long, tedious application, getting such a license required that she be finger-printed at the local Sheriff’s office, that she measure the distance in feet to the nearest three stores that sold alcohol and the nearest school and church, and that she attend eight hours of special alcohol sales training. The whole application process took many months — at one point her application was kicked back to her because she included a computer CAD drawing of the store when the instructions require the drawing be made by hand (I repeat, I am not making this up). She finally thought she was home-free, when she found her state requires a public hearing as a final step to determine if the market really needs another liquor retailer. At that hearing, several large, powerful local liquor businesses testified that the market was already saturated and that they already had plenty of competition, thank you very much, and her application was denied.

By the time Julia called it quits, she still had multiple applications pending. She hadn’t yet figured out how to create the stormwater runnoff management plan needed for her stormwater permit. She hadn’t been able to satisfy the state air resources board in permitting her small above-ground fuel tank. And she was still going back and forth with the state department of water resources for her drinking water sampling and testing plan.

Julia gave up her dream of working outdoors, and spent the rest of her life closeted in a room staring at a computer screen. It wasn’t what she really wanted to do, but web design does not require a license (yet) and she could avoid the hassles involved with having employees. The public never got its park back, and the campground still sits closed, the facilities falling apart from neglect. But a few months after Julia gave up, a park agency employee wrote a scathing editorial in the local paper, citing Julia’s failure as a great example of how private enterprise has failed and the need for public agencies to do more.

Julia’s experience is a composite, but is based entirely on my personal, real experiences. Every tax, registration, report, inspection, and license mentioned is a real one my company has had to obtain at some point in our expansion to new states. The only difference is in the story of the liquor license, where after my local competitors initially blocked the license I had the wherewithal to fight and eventually get it issued.

Typically, I see a LOT of people with no intention of working or looking for work collecting unemployment insurance payments.  For example, we have summer workers who take the winter off but still collect unemployment in the winter as if they were looking for work.  Most state governments have no desire to hear about this.  In fact, in California (at least a number of years ago) if you call the unemployment fraud number the only kind of complaint they take is reports of employer fraud.  You can't actually report employee fraud, and the one time I tried to do so I was threatened by a California State employee with dire legal consequences for "harassment" and "retaliation".

The new dodge I saw the other day is when Company A goes to an employee of Company B and offers to hire them away for higher pay.  When the employee leaves B for A, A tells them that they should file for unemployment, claiming they were forced out rather than quit (essentially constructive termination).  In most states, if an employee says one thing (I was forced out!) and an employer says another (She quit!), the employee is almost always believed unless the employer can bring an absurd amount of written evidence to the table to prove otherwise.

Anyway, having convinced the state the employee was terminated rather than quit, the employee collects unemployment benefits.   Then, company A pays the employee in cash under the table an amount per hour less than minimum wage but which in combination with the state unemployment payments does indeed add up to more than they were making at B.  They end up paying less than minimum wage and pay no employment taxes (since it is cash under the table) and the state makes up the difference with an unemployment check.  Company B, by the way, sees its unemployment taxes go way up because these rates are experience-based.

A while back I wrote a long article about all the ways the government is making it nearly impossible to employ low-skilled labor.  I worried that because it is getting harder and harder to profitably employ low-skill labor, the country would soon sort itself into those with skills and jobs and those on government assistance, with little or no opportunity for people in the second category to move to the first.

As part of that article, I observed that much of the capital in this country is flowing to new business models that use minimal numbers of employees.  I wrote:

Is it any surprise that most entrepreneurs are pursuing business models where they leverage revenues via technology and a relatively small, high-skill workforce?  Uber and Lyft at first seem to buck this trend, with their thousands of drivers.  But in fact they prove the rule.  Uber and Lyft are very very careful to define themselves and their service in a way that all those drivers don't work for them.  I would go so far to say that if Uber were forced to actually put all of those drivers on their payroll, and deal with they myriad of labor compliance issues, their model would fall apart.

Well, we are going to find out if my last statement is true.

The California labor commission has ruled that an Uber driver qualifies as an employee, not a contractor, of the company.  As a result Uber will have to reimburse a driver for expenses accumulated in the line of duty. That includes $256 in tolls and the IRS rate of $0.56 per mile for use of a personal vehicle for business purposes.

The actual issue in this case of reimbursement of expenses is pretty narrow, and actually kind of stupid.  Uber is already paying drivers effectively by the mile by giving them a percentage of the mileage-based fee customers pay.  All this will do is cause Uber to reduce the share of revenues drivers get by something like 56 cents a mile and then hand the $0.56 to them in a separate check.  Its an extra accounting and paperwork hassle, but business people deal with mitigating such government-imposed stupidity 10 times a day.

No, the real danger of this ruling lies far beyond expense reimbursement.  A few top of head thoughts

• This would obviously make Uber drivers subject to minimum wage.  How does one even figure that out?  Now that there are local minimum wages (e.g. LA soon to be $15 an hour) how do you compute minimum wage for a trip that begins outside of LA but ends inside the city?  Or vice versa?
• Uber drivers currently only get paid for transporting passengers, but what about their time driving around waiting for a passenger?  Will that be classified as standby time for which the employer must pay for?  You can expect the standby time class action in California in 3..2..1..
• This changes the whole relationship between Uber and its drivers.  Currently, Uber does not have to worry about driver productivity or work ethic, as long as they get good customer ratings when they do drive. Why?  Because Uber is not paying them except when they haul a passenger.  Now, if they have to pay them by the hour, Uber suddenly must police them for productivity and set minimum revenue generation targets for drivers.  The flexibility that drivers love will be gone.
• And then there is Obamacare.  If drivers drive more than 29 hours a week, Uber would have to provide health care or pay really expensive penalties.  Will Uber find it necessary, as my company has and many other service businesses have, to cap driver hours at 29 hours a week max?
• What about California break law?  Employers have an affirmative duty to make sure employees take a 30 minute unpaid meal break after X hours.  And just allowing for it (ie allowing drivers to put themselves in unavailable status) is not enough - employers have to have processes and documentation in place to make sure the employee takes their break (I kid you not).
• What about CalOSHA?  Is Uber suddenly responsible for working conditions and safety in the vehicle?  And how does it do that if it does not own the vehicle?
• Every employee is essentially his or her own manager.  Does that now make Uber subject to ensuring every driver has all state-mandated manager training, such as sexual harassment training?
• Employers are typically liable for actions by their employees, even if those employees are breaking the rules and ignoring the employer's wishes.  Is Uber now liable for a driver who, say, verbally harasses a passenger?  In the past, that gets sorted out pretty fast by the rating system, but does Uber have to take a more direct hand now do avoid a deluge of lawsuits?
• As of July 1, California employers must provide paid sick leave to employees.  They must provide unpaid leave under the family and medical leave acts.  In fact, California requires employers provide and track literally dozens of forms of mandatory paid and unpaid leave (including leave for victims of stalkers, just as one example of the scope of these requirements)
• The taxes and required fees owed by employers for each employee are myriad.  State and Federal income tax must be withheld, Social Security and Medicare taxes paid, California state disability tax paid, unemployment tax paid, and workers compensation premiums paid.
• Unemployment could be real nightmare.  Can drivers choose to drive for a while, then take unemployment for a while, maybe while tourist season in San Francisco is slow, then go back to driving?  You think that can't happen?  A number of my seasonal employees work in the summer, then take unemployment all winter despite having no intention of trying to find work in the winter.  I pay 7% of wages in California as unemployment taxes and would pay more except that scale is capped and I can't get in a worse category than my current F-.
• Then there are a myriad of smaller issues that probably can be solved but consume bandwidth of a company's management that would otherwise be innovating.  As one small example, one has to post about 20 different state and Federal labor posters in CA where all employees can see them.  Where would that be for Uber drivers?

I got a crazy inquiry from the state of Alabama today.  I can't reproduce it without redacting a lot of confidential numbers and such, but essentially they said that we had originally filed to pay unemployment taxes in Alabama in March of 2009, but our first payroll report was not until April of 2009.  I said, sure, once we knew we were going to start business in Alabama, I applied for all my Alabama registrations at one time to make sure they were in place for the start of operations (this includes corporate registration with the secretary of state, request for a taxpayer ID number,  eGov account, state sales tax, state lodging tax, state boat rental tax, County sales tax, county boat rental tax, unemployment tax, and employee tax withholding).  I am sure I am forgetting a few, and to make things more fun, every state is different.  Tennessee, for example, has an entirely different set of tax types for businesses that I still do not fully understand.

Anyway, apparently most of these registrations must be obtained in advance, before starting business.  BUT, at least in Alabama, I was told today it is ILLEGAL (yes, they used that word) to register for the unemployment tax system before your first payroll in the state.  Apparently, one must register in arrears.  Because of this, I was told my account has to be shut down and I have to be issued a new account number  (which of course means more paperwork for me making the switch at my payroll company).   All of this over 4 years later because I did not have any payroll in one month and had the naive notion that it was better to have all my government wastepaper in place before I started operations.  I got the strong impression that this was the results of bureaucrats searching hard for something to keep themselves busy.

Sigh.

As I wrote previously, I am entering business in Tennessee, trying to reopen some closed TVA campgrounds.  I was initially pissed off that Tennessee is one of the few states that double taxes S-corp earnings.  I expect this kind of BS in California, but I keep finding more Tennessee taxes I have to pay.  Here is what I have so far:

• Pay annual Secretary of State registration fee (Fixed $)
• Must collect state sales tax (% of revenue)
• Must collect county sales tax (% of revenue)
• Must collect a county lodging tax (% of lodging revenue)
• Pay state Franchise tax (% of net worth)
• Pay state Excise tax (% of corporate earnings, even for S-corp)
• Pay something called a county business tax (% of revenues)
• Pay annual registration fee for county business tax (fixed $)
• Withhold employee state income taxes (% of wages)
• Pay state unemployment taxes (% of wages)
• Pay state individual income tax (% of pass-through corporate earnings)
• Pay county property tax (% of assessed asset value)

I am sure I am missing a few.  Except for #2 and #3 which are collected together, every single one of these requires a separate registration and separate monthly or annual filing.

I found this story, from a Marketplace segment via Carpe Diem, especially irritating.  Our company has to pay for a lot of unemployment fraud, so seeing such fraud in action really annoys the hell out of me.

Quick background:  Employers pay unemployment taxes generally as a percentage of wages.  These taxes are based on a direct relationship with past claims from ex-employees.  The more of my ex-employees who make claims, the more premiums I pay.

Since I only have jobs for 6 months a year (it is a seasonable business), employees have the opportunity to file for unemployment the other 6 months.   BUT, the rule is generally that you have to be looking for work.

Unfortunately, I have numerous employees who work for me over the summer and take the winter off, but tell the unemployment office they are looking for work so they can collect unemployment anyway.  I have had employees call me from Mexico telling me about the great winter vacation they are having on the exact same day I see their names on the roles of those collecting unemployment (and thereby supposedly "looking for work").

In California, where such behavior is rampant (and where the state unemployment agency has established penalties for employers who even think about asking the state to investigate one of his ex-employees for fraud) I pay over 7% of wages in unemployment taxes, vs. less than 1% in states without such fraudulent behavior.

So, with this background, I am thrilled this guy is showing the initiative to find work but am frustrated he is still fraudulently taking my money:

Michael: I'm getting $272 a week [in unemployment benefits]. Which is just, bare bones. It's so bad that at one time I was going to the food bank. And, you know when you're really hungry and when you're facing eviction, you've got to do something.

Marketplace: So he started looking for work on the side. He found it pretty quickly.

Michael: So right now I have Craigslist open. And what I've done is I've opened three different tabs: I've opened free stuff, all gigs and all jobs.

Marketplace: He's found all sorts of work this way: software testing, landscaping, bouncing and lots of focus groups. All have paid cash. He says some weeks he's earned three times as much as his benefits check. Like everyone on unemployment, he's meant to report any earnings to his unemployment insurance office. Then they adjust his benefits down. So how does Michael answer the question, have you earned any money this week?

Michael: I opt to say, you know, no. I opt to say no, I have not. Because this is my own hard work, this is my own ingenuity, this is my own genius, and I am still looking for work every day.

You are absolutely right Michael, yours the same argument all productive folks make in the face of government expropriation.  In fact, I couldn't have said it better - "this is my own hard work, this is my own ingenuity, this is my own genius."  Brilliant.  But recognize that the unemployment money you are taking fraudulently was paid for with my hard work, my ingenuity, and my own genius.

A letter I am drafting currently.  If you don't know how unemployment taxes work, see here.

Governor Schwarzenegger:

As a business operating in California as well as twelve other states, I have the ability to compare the regulatory and business climate across states.  And while I could discuss many issues with the state of California regulatory affairs, I will focus on just one in this letter:  administration of the state unemployment insurance program.

All the states have an unemployment insurance program with roughly similar rules.  The fund will pay workers some percentage of their past earnings if they are terminated for reasons other than with cause from their last employer and are actively seeking new employment.  Employers are typically charged an insurance rate as a percentage of wages that is based on past unemployment claims by ex-employees of that company.

Before I provide my observations on the problems in the California system, let me provide some data that helps indicate that California is indeed unique.  Here are our unemployment insurance rates by state  (we have roughly the same business profile in each state, though if anything our business is less seasonal in California so one might expect, all things being equal, that our rates in California would be lower than average)

New Mexico:  0.03%

Texas:  1.06%

Florida:  1.02%

Arizona:  3.30 %

Michigan:  1.5%

Colorado:  0.9%

Wisconsin:  0.25%

Minnesota: 0.40%

California:  6.2% + 1.1% disability adder

You can see that our rates in California are double that of any other state, and more than 6 times our average.  Further, the California rate could actually be higher by our experience, as 6.2% is the cap.  By the way, we did a study a while back as to why our Arizona rates were so high.  It turned out most of the claims were from people who had recently moved from California, and grew up under the California system.

In interacting with the California state unemployment system for a number of years, our company has observed two issues that raise costs:

1. It is virtually impossible to convince unemployment office workers that an employee was fired for cause.  It is very clear they see their mission as making everyone eligible, and thus even a guilty plea of outright theft has not been enough to have the state unemployment office agree that a firing was "for cause."
2. The state unemployment office does absolutely nothing to ensure that a worker collecting unemployment is actively seeking work, as is required by legislation.  We run a seasonal business, and our workers have told me the unemployment office tells them that it is perfectly fine to work 6 months and take the other 6 months off on unemployment.  I have had employees vacationing in Mexico for 6 months still collecting unemployment.  When I reported this fact to the state unemployment office and said that these workers obviously could not be actively seeking work in California, I was told by the workers comp. customer service staff that if I made such a claim, and did not succeed in proving it, I was subject to fines and even incarceration for making a false charge.  Of course, I dropped it.

No matter what the text of the legislation says or what you are told by the managers of the system, the front-line employees who make the decisions that drive costs see it as their job to ensure maximum payout to any individual, regardless of whether they are honestly looking for work or not.  I have, just as a test, asked trusted employees to call the unemployment office to ask about benefits.  They were told that they didn't really have to be looking for work, that no one would check, and that all they had to do was call in and say they were looking for work and they would get paid.  Your unemployment office was practically begging them to take as much money as they could.

TJIC has a great link to an article about a guy who doesn't want to grub around in the details, but wants a job to help a company see the big picture and move forward.  LOL.  I can't tell you how many times I get a request for that job.  People are always saying they want a job doing "business development**" or "coordination" or "performance reviews."  The common denominator when I ask people to explain to me what these jobs actually would do is that they involve driving around a lot to different recreation sites I run or might run and "checking things out."

I tell people there is no such job.  I tell them I don't have that job, and I own the company.   It's a TV-inspired view of business, like Dynasty or Dallas, where the protagonists run around and do all kinds of stuff that doesn't look like real work.

Yeah, I get to enjoy some perks now and do some cool stuff running my company.  But how did I get here?   Well, the whole story is too boring to tell, but here is one vignette:  In March of 2003 I spent about 6 straight 90-hour weeks trying to get my new company registered on the fly in 12 states and about 30 counties for tax withholding, sales tax, occupancy licenses, unemployment taxes, workers compensation, and even egg licenses just so I could use the assets I just purchased.  This was at the same time I was programming some add-ons to Quickbooks so the finances could be tracked and setting up some of our first web sites.  All while I tried to keep an unfamiliar company running.  And, oh yeah, while I was thinking all that big picture stuff.  Yes, I think about the big picture - and in fact, I have radically reshaped the positioning of this company over the past five years.  But that is what you do in the shower or on the stationary bike.

I don't explain all of this, of course, I just tell people that I don't have a big picture job to offer them.   TJIC, as usual, is a bit more direct:

Or, phrased another way: you're a useless drama queen who - instead of
compromising your principals and taking a job that doesn't match the
job title you want, and then growing the job position around your
abilities - you'd rather stay home and live off your wife's salary.

** The world's one great moment for such jobs was in the late 90's Internet craze, when every soon-to-be-on-FuckedCompany.com startup employed hordes of business development guys who ran around making grand press-release inducing deals that generated absolutely no money.  "Let's trade our proprietary online merchant services framework no one wants to buy for your proprietary online price management algorithm no one wants to buy.  OK, cool."  When I came into the waning stages of several such companies, the first thing I did was blow all these guys away, followed by a quick inventory of our soft and hard assets to see if we actually had anything anyone wanted to, you know, pay money for.  I still think the whole IT world is tainted by the memory of these glory days for produce-nothings.  Everyone wants to be Steve Jobs without having to actually first produce a salable new technology with their own hands in their garage.

You gotta love the government.  In September, the State of California sent me a check for $81 as a tax refund.  I did not file for the refund -- they sent the check out of the blue.  Since no one human being is smart enough to keep up with all the taxes and user fee formulas in California, I just accepted it, cashed the check and forgot about it.  This refund was for my unemployment taxes, and I just assumed my rate had changed slightly leading to a refund. 

Then, in December, the State of California sent me a notice that the $81 was in error, and I needed to send it back.

OK so far, I guess, though they seem a little Keystone Cops with this.  But here is the good part- they claim I owe interest and penalties for holding their $81 since September, despite the fact they sent me the check out of the blue and it was their error.  LOL.  If this was a lot of money and not just $15 in interest and penalties (equaling a 97% implied APR) I would freak out, but at this level its just kind of funny.  I mean, if I as a company was running this scam with consumers, sending them refund checks and then asking for the money back 3 months later with interest and penalties,I would be going to jail, would I not?

Most of the campgrounds and recreational facilities our company runs are seasonal, meaning that they are only open from late-Spring to early-Fall.  Many are at high altitude, and are under 10+ feet of snow this time of year, so that they couldn't be kept open even if there was any customer demand.

The problem with this business model is that it tends to saddle us with a huge unemployment tax bill.  For those that don't know how unemployment taxes work -- and I certainly didn't before I got into this -- each time someone files for unemployment, the business is sent a notification.  If the person was fired for cause, or quit when work was available, and the business can prove it to the state, then the person is either denied unemployment or your business is at least not hit with the cost. 

In any other case, the person will get unemployment, and your business "experience" account is hit for your proportional share of that person's payments -- if you provided them with 100% of their employment the last couple of years then you get 100% of the cost.  Each year your tax rate (a percent of wages) is reset based on your experience account - so more unemployment claims by your ex-employees drives higher tax rates.

Even before recent problems I will describe in a moment, I have always felt that unemployment tax systems unfairly punish seasonal businesses.  Unlike at another company where a person might think they are getting a permanent job, then get laid off, my employees join in March and accept the job knowing that the job ends in September.

Well, I could live with that problem- we get hit with a month or two of unemployment until folks find another job.  Unfortunately, we now have a much worse problem, particularly in California (of course). 

Many of the people we hire are full-time RVers, meaning that they no longer have a permanent home, but roam about the country all year in their RV (I wrote about this trend here).  They work for us in the summer, and then many of them vacation all winter in places like Arizona and Mexico.  Unfortunately, many of these folks, particularly Californians, are filing for unemployment all winter while they play.

Now state rules, including those in California, require that folks applying for unemployment be looking for work, and so certify on a regular basis to the state.  However, a number of our folks are, I hate to say, lying about this.  I know of at least one pair who are on California unemployment and are not even in the country right now.  As a result, in California in 2005, I will be paying nearly 7% of wages in unemployment taxes, and the state of California will be paying in additional money from other sources, to help fund these people's winter vacations.

This really, really is irritating me, and I don't know what to do about it.  I have called the state of California on several occasions, but as long as the employee says they are looking for work, the state can't, or won't, do anything about it.  Some really annoying person at the state unemployment office told me that it was my fault, that my business should learn to plan better and this is the cost I pay for messing with people's lives by laying them off. 

Unfortunately, this "the business is evil, the employee is always right" attitude permeates nearly every state labor-related agency I have ever dealt with.  About a year ago I fired an employee for chasing a customer around with a baseball bat -- I even had a letter from the customer testifying to the whole sorry story -- and the state employment department refused to certify that the employee was fired for cause and our experience account got hit with all of the unemployment payments for this individual.