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I was hired in as fulltime , and now they are making me do on call on my off days. I don't think this is fair! I live in Cincinnati, OH . Because the business is slow I'm getting less hours or now hours. Can I do anything.
Simply put, working part time and collecting unemployment will not affect your benefits because you are underemployed, making less than what you had earned previously, and especially if you were told take it or leave it then you have to be given partial unemployment. You didn't ask for part time after working full time, and your benefits will be based on the last quarter of income. Depending on what state you are in of course does affect your benefit amount.
I was working 40 hours a week for almost 4 years now and all of a sudden I was told they are cutting hours to 24 hours a week...can I get partial unemployment? I'm in California
I was working 40 hours a week for almost 4 years now and all of a sudden I was told they are cutting hours to 24 hours a week...can I get partial unemployment? I'm in California
Normally, when you work part-time, CA deducts 75% of your gross earnings from the weekly benefit amount.
Let's say, CA says based on your previous employment, you are entitled to a benefit of $300 week (assuming you are now earning $600 wk [$15/hr x40hrs]).
You work 24 hours @ $15/hr, and earn $360. CA deducts $270 (75% x $360) from your WBA of $300. You receive $30. Not much compensation for a loss of $240.
However, in your situation, if CA can classify this as a true Partial Unemployment and/or Work Sharing claim, CA may use a different formula. From what I read on below links, you will need your employer's cooperation to possibly qualify for at least some partial remuneration for the hours you are losing.
Quote:
Partial Claims
Partial claims are for employees whose employers want to retain them when there is a lack of work. EDD provides employers with a Notice of Reduced Earnings, DE 2063 or a Notice of Reduced Earnings (Fisherperson), DE 2063F for employees in the fishing industry. The employer completes the DE 2063 or DE 2063F to certify that the employee is expected to return to work, and gives the form to their employees, who use the DE 2063 or DE 2063F to file a UI claim.
Employees who use the DE 2063 or DE 2063F to file for UI benefits are not required to look for new jobs because their employer has certified that there will be a job for them shortly. These employees are considered "partially unemployed." Employers can obtain the partial claim form, Notice of Reduced Earnings, DE 2063 or DE 2063F by:
The employees can contact EDD to file a claim for partial UI. They should be prepared to provide the following:
Name and social security account number
Mailing and residence address (if different)
Telephone number
Last employer information, including name, address (mailing and physical location) and telephone number
Information on all employers during the 18 months prior to claim filing claim, including name, period of employment, wages earned and how paid
Driver’s license or ID card number, if employee has either
Last date worked and the reason employee is no longer working
Citizenship status (which may include alien registration number)
If the Department needs to verify any of the information provided while filing a claim, additional forms will be sent by mail and additional information and/or documentation will be requested.
Any employer who has a reduction of production, services, or other conditions that cause the employer to seek an alternative to layoffs may participate in the Work Sharing Program. For additional information the following products are available on the Web site:
The CA UIBDG is not very clear on benefits provided under Partial Unemployment/Work Sharing.
When you contact EDD, be sure to clarify you have experienced an hours reduction and want a claim based on reduced hours, as per above, not a regular claim.
The alternative, of course, is to quit entirely. A substantial reduction in hours and pay is good cause for a quit.
An update on what has finally happened in your case would be appreciated.
hi my name is gloria tellez i live in huron ca and i have worked in a bar called coronas for seven years going to eight and my boss for about almost 2 years he has been reduceing my hours and i have alot of bills to payso i filed for partial unemployment but they only gave me 11.00 and i have been holding back cause at some time he helped me out but now he makes me feel bad and makes me cry he accuse me of steeling from him and i would not do that to him what can i do someone please help me please
We are not union, are in NJ, I was hired full time and they want to make me part time and are hiring another full time employee to do the same function
We are not union, are in NJ, I was hired full time and they want to make me part time and are hiring another full time employee to do the same function
How much are your hours being reduced?
Are your benefits affected?
How long have you had this job??
If it is for less than eight weeks, did you quit your previous job?
If you've been employed less than eight weeks and have quit your previous job for this one, it is unlikely you will be able to do anything more than file for partial benefits. Even then, NJ may deny that.
If you've been there longer than eight weeks, then.....
Generally, what you do in this situation is write/email your employer, and say that you were hired to work full-time, that part-time hours are in violation of the employment contract when you were hired, they are effectively discharging you from your full-time job, and offering you "new work" on part-time basis, which you are refusing as unsuitable, and ask to be put back to full time. If employer responds no, then you quit, and file for benefits. Keep good documentation of this.
NJ defines suitable as:
Quote:
the definition of a "Suitable Job" is fitted to each person, depending on where he or she lives, his or her skills, experience and past salary.
A substantial change in the employment contract is grounds for a quit - but, first, you need to tell the employer you cannot accept this "new" work, and request they restore you to suitable employment and show that the change is sufficiently substantial as to be unsuitable.
Covered in this DOL, memo, here:
Quote:
First, the work must be suitable to the individual considering his or her previous wage and skill levels. Whether the work is suitable under this test is generally a matter of State law. (3)
Second, the work must meet the requirements of Section 3304(a)(5)(B), including the "prevailing conditions of work" requirement. As discussed below, the prevailing conditions requirement applies not only to refusals of work, but also to separations from employment involving a refusal of "new work."
It does not matter why the individual refused new work not meeting the prevailing conditions requirement; if the work does not meet the prevailing conditions requirement, compensation may not be denied.
Since your employer has already hired someone else full-time to replace you, the "prevailing conditions" of work test has been met.
Read the entire memo. It is instructive.
Last edited by Ariadne22; 08-04-2014 at 03:29 PM..
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