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Old 04-05-2010, 08:31 PM
 
Location: San Diego, California Republic
16,581 posts, read 27,252,403 times
Reputation: 9002

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Quote:
Originally Posted by VLWH View Post
Actually he could of applied for unemployement while he was still employedif he went from full time to part time. Of course the amount of unemployement would be reduced but it would supplement the loss in pay.
Not if you make over a certain amount. I think more than 100 dollars a week.
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Old 04-05-2010, 09:07 PM
 
181 posts, read 321,467 times
Reputation: 170
Quote:
Originally Posted by Gentoo View Post
Not if you make over a certain amount. I think more than 100 dollars a week.
His boss was sneaky. To save money, he started putting my husband on mostly "commission" pay for taking calls. This was only supposed to be temporary while my husband's boss trained a new driver. My husband's only set hourly pay was Tues, Wed, Thurs at 4-5hours per day on those days. That is 12 hours a week!

I called unemployment before he quit. They said he was probably not eligible for partial unemployment, but there was no way to know without filing. My husband was afraid his boss would cut what little pay he made even more.
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Old 04-05-2010, 11:33 PM
 
Location: San Diego, California Republic
16,581 posts, read 27,252,403 times
Reputation: 9002
Quote:
Originally Posted by cdgoldilocks View Post
His boss was sneaky. To save money, he started putting my husband on mostly "commission" pay for taking calls. This was only supposed to be temporary while my husband's boss trained a new driver. My husband's only set hourly pay was Tues, Wed, Thurs at 4-5hours per day on those days. That is 12 hours a week!

I called unemployment before he quit. They said he was probably not eligible for partial unemployment, but there was no way to know without filing. My husband was afraid his boss would cut what little pay he made even more.
ooh, yeah his boss was a prick. That would have likely knocked down his quarterly earnings. Partial unemployment is very hard to get, I tried once.
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Old 04-06-2010, 11:52 AM
 
Location: Bella Vista, Ark
77,772 posts, read 104,103,101 times
Reputation: 49243
Quote:
Originally Posted by cdgoldilocks View Post
His boss was sneaky. To save money, he started putting my husband on mostly "commission" pay for taking calls. This was only supposed to be temporary while my husband's boss trained a new driver. My husband's only set hourly pay was Tues, Wed, Thurs at 4-5hours per day on those days. That is 12 hours a week!

I called unemployment before he quit. They said he was probably not eligible for partial unemployment, but there was no way to know without filing. My husband was afraid his boss would cut what little pay he made even more.
ok, your husbands boss was a jerk, no one is disagreeing with that and I am sure most of us are wishing you good luck, go ahead appeal the decision, but I would like to ask, why did you come here, ask our opinion and when you got it, you simply don't want to accept it. Anyway, good luck, hope it works for you.

Nita
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Old 04-06-2010, 12:12 PM
 
Location: 112 Ocean Avenue
5,706 posts, read 9,573,876 times
Reputation: 8932
Quote:
Originally Posted by cdgoldilocks View Post
He was denied unemployment, and the reason they denied him was they said he was "unsatisfied" with his wages, and you cannot get unemployment for that. We are appealing, but I need some advice on what will help my husband win his appeal.

From what you've written, you might have a breach of contract claim. Of course, you've have to have documentation to prove that. I don't know what kind of contract your husband signed when hired. If it stated he was hired for a specific position for a specific amount of pay, you could have a chance.

Again, not knowing the details, its hard to to know. The best thing your husband can do for his cause is to back up his claims with documentation. No different than going to court. If you can't back up what you say, then you're out of luck.

I think that's what Judge Judy would tell you as well.
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Old 04-06-2010, 12:28 PM
 
Location: Eureka CA
9,519 posts, read 14,646,934 times
Reputation: 15067
The kind of crap that is happening to your husband would not have happened if he had a good Union job. Hope you guys make it through OK.
(Kneejerk anti-Union posters, talk amongst yourselves. I've moved on).
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Old 04-06-2010, 02:59 PM
 
181 posts, read 321,467 times
Reputation: 170
Quote:
Originally Posted by nmnita View Post
ok, your husbands boss was a jerk, no one is disagreeing with that and I am sure most of us are wishing you good luck, go ahead appeal the decision, but I would like to ask, why did you come here, ask our opinion and when you got it, you simply don't want to accept it. Anyway, good luck, hope it works for you.

Nita
I have never been through this before is why I came here. I am drowning in bills and am completely overwhelmed. I am trying to problem solve, trying to get a variety of opinions as to what to do, trying to get an idea of what my options are. I am sorry my confusion, fear, and frustration somehow bother you.

My husband has filled out over 20 applications and has 3 interview this week. My hope is that he will get some sort of job and we will never have to deal with unemployment again.

Thank you all who gave me advice and feedback. I have gotten comfort in knowing I am not alone and am not powerless.
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Old 04-06-2010, 04:57 PM
 
Location: Los Angeles, CA
425 posts, read 1,949,147 times
Reputation: 300
Your husband quit his job, which makes him ineligible for unemployment. The only way he would be able to claim unemployment and have quit his job is if he was working in a hostile work environment AND tried to take care of it while at work/through the work place and all other avenues outside of quitting were exhausted first.

ETA: And that may depend on the state, too.
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Old 04-07-2010, 11:57 AM
 
2,222 posts, read 10,618,128 times
Reputation: 3328
If you haven't already submitted your appeal, here are a few thoughts:

When you appeal this decision try to focus on his employer reducing his hours worked (lack of work) and changing his pay from salary/hourly to commission without his consent that caused financial hardship. This was not the pay arrangement he had upon hire. He was required to be on call (hours per week) without pay, leaving no time to seek a 2nd job to help with the finances.

I would outline the reduction of hours and pay. I would also explain that his employer promised this was a temporary situation but it turned into long term. The stress of little work, no time to seek other gainful employment due to being on call, caused undue financial hardship on his family and emotional distress. The only recourse he felt he had was to accept training for a new career so he could take care of his family obligations, and that meant leaving his current employer. Any attempt to remedy the problems before quitting with the employer should also be noted. (If employer cut hours/pay but required full-time on call without pay, note this.)

Not sure if this will help, but it is not impossible to get unemployment benefits after quitting a job. It is difficult, not impossible. It just depends on how they see it. Remember to keep it short and simple. I'm not sure I got all your facts straight. I will leave that to you.
Good luck.

Last edited by Beth56; 04-07-2010 at 01:03 PM..
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Old 04-07-2010, 08:07 PM
 
181 posts, read 321,467 times
Reputation: 170
Quote:
Originally Posted by Beth56 View Post
If you haven't already submitted your appeal, here are a few thoughts:

When you appeal this decision try to focus on his employer reducing his hours worked (lack of work) and changing his pay from salary/hourly to commission without his consent that caused financial hardship. This was not the pay arrangement he had upon hire. He was required to be on call (hours per week) without pay, leaving no time to seek a 2nd job to help with the finances.

I would outline the reduction of hours and pay. I would also explain that his employer promised this was a temporary situation but it turned into long term. The stress of little work, no time to seek other gainful employment due to being on call, caused undue financial hardship on his family and emotional distress. The only recourse he felt he had was to accept training for a new career so he could take care of his family obligations, and that meant leaving his current employer. Any attempt to remedy the problems before quitting with the employer should also be noted. (If employer cut hours/pay but required full-time on call without pay, note this.)

Not sure if this will help, but it is not impossible to get unemployment benefits after quitting a job. It is difficult, not impossible. It just depends on how they see it. Remember to keep it short and simple. I'm not sure I got all your facts straight. I will leave that to you.
Good luck.
This pretty much sums it up. Thank you.
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