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Unread 01-19-2012, 08:32 PM
 
2 posts, read 11,873 times
Reputation: 10
Default Reduction in hours-Can I apply?

Hi,
I was working as an IC for many years(paid with 1099) and a new management company was brought into my department. We were hired on as employees and paid with a W2 for hours worked and comission.

3 months later we all had our hours cut drastically to a non livable wage.

My questions are to get an idea if I would be eligible to collect unemployment

State: New York

Hours were, on the average, 21hours per week and were cut to 6 hours per week.

Although this was considered part time the pay averaged 800.00 per week.

The three months cover part of 2011 and part of 2012.

If I apply for unemployment can they fire me from the one day I have. Or do labor laws protect one from that.

Can I quit as it is not a living wage and the vast difference in what I was making. I would need to quit if I could collect unemployment to survive.

I would also, if I could, collect unemployment and work the one day.

Consensus is they are trying to squeeze us out and bring in their own people, but no proof.

Thanks in advance.

Alley33
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Unread 01-19-2012, 09:44 PM
 
Location: Wisconsin
12,371 posts, read 14,369,643 times
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My comments below:
Quote:
Originally Posted by alley33 View Post
My questions are to get an idea if I would be eligible to collect unemployment

State: New York

Hours were, on the average, 21hours per week and were cut to 6 hours per week.

Although this was considered part time the pay averaged 800.00 per week.

The three months cover part of 2011 and part of 2012.

If I apply for unemployment can they fire me from the one day I have. Or do labor laws protect one from that.

Yes, they can fire you. No, NY labor laws do not protect you from that - unless you want to bring an EEOC suit for retaliatory discharge. New York is an at-will employment state which means they can fire you at any time for any reason.

Wages and Hours - New York State Department of Labor

Can I quit as it is not a living wage and the vast difference in what I was making. I would need to quit if I could collect unemployment to survive.

Substantial reduction in hours/salary is generally a valid reason for a quit as the terms of your employment have materially changed.

FYI, NY has alternate methods of determining benefits, so all your W-2 wages up to the time you quit should be included in your base year when determining your benefit.
Quote:
What employment do I need in order to qualify for benefits?

To qualify for benefits you must have worked and been paid wages for employment in at least two calendar quarters in your base period, and; you must have been paid at least $1600 in wages in one of the calendar quarters in your base period, and; the total wages paid you in your base period must be one and a half times your high quarter wages. (For claims effective April 17, 2000 and later, we will use 22 times the maximum benefit rate as your high quarter earnings, if your earnings are higher than this amount, so that you may qualify under this requirement.)

If you meet the above requirements in the Basic base period, the Basic base period will be used to establish your claim. The Basic base period is the first four of the last five completed calendar quarters prior to the calendar quarter in which your claim is effective.


If you do not meet the requirements in 1. above in the Basic base period, it will be determined if you qualify using the Alternate base period. If you qualify using the Alternate base period, that base period will be used to establish your claim. The Alternate base period is the last four completed calendar quarters immediately prior to the calendar quarter in which your claim is effective.

https://ui.labor.state.ny.us/UBOC/generalfaqs_en.jsp
I would also, if I could, collect unemployment and work the one day.

New York has what is called a Shared Work Program, wherein if the employer participates you can keep your job and collect unemployment benefits. You would have to broach the idea with your employer. More info here:

The Shared Work Program - New York State Department of Labor
Good luck.
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Unread 01-20-2012, 08:35 AM
 
2 posts, read 11,873 times
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Thank you for your answer. I appreciate it!!
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