Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I'm on unemployment, federal tier 1. It's administered through state of California but I live in Massachusetts now.
I got a job offer in Massachusetts, and accepted the offer, but the first day I started working they revealed things that were not clear in the offer letter, and they went against the hours we had agreed to.
I told them I could only be at their office for 8.5 hours each weekday, because of school dropoff/pickup times, but I'd be glad to make up the additional 2.5 hours per week from home by taking after hours conference calls with international staff (this after hours work was a required part of the job).
On my first day, they asked me what my hours would be. I told them the earliest I could get there was 8am, so the HR guy said okay, then you'll work what, 8-5 pm? I said okay, thinking that would satisfy their need to have me there for 8.5 hours, giving me a 30 minute lunch.
Then while I was taking my 30 minute lunch break in the kitchen, my boss came in and told me that lunch time is not included in my 8-5 pm hours. That if I want to take a lunch I have to work until 6 pm. I had already told them before accepting the offer that I could not be onsite more than 8.5 and they told me in writing that they did not think that would be a problem. I accepted the offer with that understanding, even though that was not explicitly written in the offer letter (the offer letter says I'll work 45 hours per week but does not state the exact schedule or place where work will be performed). I do have emails to prove all this though.
So I told them I cannot meet their requirements because I am sole caretaker of a small child and I cannot control when the school opens and closes. As it is, I'm dropping my boy off right when they open at 7:30 and picking him up 15 minutes before they close, so there is no wiggle room there, especially once snowy weather comes and traffic gets worse.
My question is, on my unemployment form, do I have to say I REFUSED this work, even if the work was misrepresented to me and is work I did not agree to? If anyone offers you a job, however unworkable the hours, are you obligated to accept that job or you will lose your unemployment benefits? In my case, I literally cannot leave my child at the preschool after 6pm, they would charge me by the minute, and probably call child protective services or kick us out if I did it every day. I have no other family who can help me watch my boy, as I'm an only child, my mom died 2 years ago, my dad is a deadbeat and all my other relatives work.
I cannot risk losing what little unemployment benefits we have now, as I am not even getting any child support whatsoever, it's just me and my son. I don't want to mark Yes I refused work, if that means my benefits will end. We will be on the street if that happens. But I also don't want to lie.
What happens when you mark Yes to that question, did you refuse work? Are there any circumstances where it is okay to refuse work and still get benefits? I'm not even sure if it's legal for that company to require me to work more than 9 hours just to be able to take an unpaid lunch break, but I was supposed to be "exempt" whatever that means, so maybe those type of laws don't apply to me.
Anyway, I'm just wondering about the unemployment form, and that question about refusing work. If some hustler walked up to me and asked me to pose naked for a $1000, would I be obligated to do it or lose my benefits? I mean, where do you draw the line here?
If I claim that I only worked one day, will they call the employer and ask why I left? Am I better off just not accepting any money for that one failed day? If it matters, I was under a 90 day probation period to "see if it was a good fit", so it was really just a trial period.
I'm on unemployment, federal tier 1. It's administered through state of California but I live in Massachusetts now.
I got a job offer in Massachusetts, and accepted the offer, but the first day I started working they revealed things that were not clear in the offer letter, and they went against the hours we had agreed to.
I told them I could only be at their office for 8.5 hours each weekday, because of school dropoff/pickup times, but I'd be glad to make up the additional 2.5 hours per week from home by taking after hours conference calls with international staff (this after hours work was a required part of the job).
On my first day, they asked me what my hours would be. I told them the earliest I could get there was 8am, so the HR guy said okay, then you'll work what, 8-5 pm? I said okay, thinking that would satisfy their need to have me there for 8.5 hours, giving me a 30 minute lunch.
Then while I was taking my 30 minute lunch break in the kitchen, my boss came in and told me that lunch time is not included in my 8-5 pm hours. That if I want to take a lunch I have to work until 6 pm. I had already told them before accepting the offer that I could not be onsite more than 8.5 and they told me in writing that they did not think that would be a problem. I accepted the offer with that understanding, even though that was not explicitly written in the offer letter (the offer letter says I'll work 45 hours per week but does not state the exact schedule or place where work will be performed). I do have emails to prove all this though.
So I told them I cannot meet their requirements because I am sole caretaker of a small child and I cannot control when the school opens and closes. As it is, I'm dropping my boy off right when they open at 7:30 and picking him up 15 minutes before they close, so there is no wiggle room there, especially once snowy weather comes and traffic gets worse.
My question is, on my unemployment form, do I have to say I REFUSED this work, even if the work was misrepresented to me and is work I did not agree to? If anyone offers you a job, however unworkable the hours, are you obligated to accept that job or you will lose your unemployment benefits? In my case, I literally cannot leave my child at the preschool after 6pm, they would charge me by the minute, and probably call child protective services or kick us out if I did it every day. I have no other family who can help me watch my boy, as I'm an only child, my mom died 2 years ago, my dad is a deadbeat and all my other relatives work.
I cannot risk losing what little unemployment benefits we have now, as I am not even getting any child support whatsoever, it's just me and my son. I don't want to mark Yes I refused work, if that means my benefits will end. We will be on the street if that happens. But I also don't want to lie.
What happens when you mark Yes to that question, did you refuse work? Are there any circumstances where it is okay to refuse work and still get benefits? I'm not even sure if it's legal for that company to require me to work more than 9 hours just to be able to take an unpaid lunch break, but I was supposed to be "exempt" whatever that means, so maybe those type of laws don't apply to me.
Anyway, I'm just wondering about the unemployment form, and that question about refusing work. If some hustler walked up to me and asked me to pose naked for a $1000, would I be obligated to do it or lose my benefits? I mean, where do you draw the line here?
If I claim that I only worked one day, will they call the employer and ask why I left? Am I better off just not accepting any money for that one failed day? If it matters, I was under a 90 day probation period to "see if it was a good fit", so it was really just a trial period.
Correct. I sympathize with your situation, but many don't get a chance at any job these days and would have accepted the unfairness. More and more businesses are taking advantage of the high rate of unemployment by pushing (and abusing) workers . I hope you get another chance at a job somewhere. Cali is broke and their unemployment benefits are far from certain even short term.
1) Isn't it illegal for an employer to deny an employee a rest and meal break especially if you have set full-time hours?
2) You should have waited until your employer let you go instead of leaving after your first day gretchenhandel. That way, any kind of issues with the UI department would fall on the employer and not on you. Unfortunately, since it was you who left the job, the department may have to look into why you worked one day and left. Which in turn, may halt/delay your UI benefits for a few weeks. Also, by forcing the employer to let you go, you would have a stronger case against the employer if this became a legal matter.
3) When filling out your claim form, answer "No" to the question about refusing work. Refusing work is when you are offered a job but turn is down, not quitting. Quitting is the reason you should put in the box that asks why you are no longer working.
Correct. I sympathize with your situation, but many don't get a chance at any job these days and would have accepted the unfairness. More and more businesses are taking advantage of the high rate of unemployment by pushing (and abusing) workers . I hope you get another chance at a job somewhere. Cali is broke and their unemployment benefits are far from certain even short term.
So accepting abuse and having your right to decent working conditions stomped all over by an employer should become the norm? Just because so many people are unemployed and "should be happy for anything they get" in this country's race to the bottom doesn't give any person the excuse to treat another any less like a human being.
I agree. I think it was incredibly unwise for you to quit given your desperate situation. If it were me, I would have agreed to the no lunch deal until you were able to line up a babysitter/school bus/other after/before school options for your child. Jobs are not exactly plentiful these days and, unfair as it is, the new employee will have to cater to the demands of the employer. If not, they will simply move on to the next candidate on the list.
So accepting abuse and having your right to decent working conditions stomped all over by an employer should become the norm? Just because so many people are unemployed and "should be happy for anything they get" in this country's race to the bottom doesn't give any person the excuse to treat another any less like a human being.
The employer offered her the lunch, but simply stated that she would have to work until 6PM to compensate. That may not have been what they agreed to (though it seems their correspondence was not very clear and failed to discuss lunch breaks, etc.), but I think the onus is on the new employee to sacrifice for the employer, not the other way around. I agree that the employer was being a jerk about it, but you don't have to work for them either. The OP decided not to work for them, which I think was a rash decision.
The employer offered her the lunch, but simply stated that she would have to work until 6PM to compensate. That may not have been what they agreed to (though it seems their correspondence was not very clear and failed to discuss lunch breaks, etc.), but I think the onus is on the new employee to sacrifice for the employer, not the other way around. I agree that the employer was being a jerk about it, but you don't have to work for them either. The OP decided not to work for them, which I think was a rash decision.
That extra hour that gretchenhandel would be on the clock should be overtime pay considering that she was all ready scheduled to work a nine hour day (eight hours working plus one hour of unpaid lunch). The 8-5 work schedule she had included more than 30 minutes of lunch by default, working until 6PM would be considered overtime.
The notion of an employee (and the people who drink that Kool-Aid) having to sacrifice for the employer to no end is one reason why employment and working conditions are headed in the toilet in this country. If you're more than happy of allowing an employer to stomp on your basic rights as an employee, a meal break for example, go ahead, no one is stopping you. I however, make sure to exercise my rights, otherwise, I become as complacent and stupid as someone who doesn't care about their own rights.
That extra hour that gretchenhandel would be on the clock should be overtime pay considering that she was all ready scheduled to work a nine hour day (eight hours working plus one hour of unpaid lunch). The 8-5 work schedule she had included more than 30 minutes of lunch by default, working until 6PM would be considered overtime.
The notion of an employee (and the people who drink that Kool-Aid) having to sacrifice for the employer to no end is one reason why employment and working conditions are headed in the toilet in this country. If you're more than happy of allowing an employer to stomp on your basic rights as an employee, a meal break for example, go ahead, no one is stopping you. I however, make sure to exercise my rights, otherwise, I become as complacent and stupid as someone who doesn't care about their own rights.
She is an exempt employee so she is not qualified for overtime pay. She knew this when she accepted the job. Personally, I would never choose to be an exempt employee... I want to be paid for anything over 40. I also demand a lunch break. However, I am not the single mother of a child who needs my financial support. There is a time to exercise your rights and a time to sacrifice. If someone is worried about being homeless, they will make alternate arrangements for their personal obligations... not up and quit after day one (especially after moving across the country for the position). At least do your due diligence and determine what the consequences of your actions are before you quit, not after.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
