Am I able to quit and file unemployment in this situation? (collect, apply)

[Miss J 74]

So after the headache of fighting my last employer for my unemployment benefits and landing a new job, I now have to deal with a headache again. This time after being employed with the company for 4 months into a newly created position, they are now asking me to go part time claiming they can't afford a full time person in my position. We were going to agree to 5 hours a day at an elevated rate, which would have been the same pay I take home now.

However on Thursday, I made a mistake and now one of the bosses decided to take 75% of my work away from me. This now means even if I came on part time, it would be maybe 2 hours a day at most, less pay than I would get on unemployment. And this is not an amount I can survive on.

Considering the circumstances, can I just quit and get unemployment? I know I will need to get it from them in writing they want me to go part time (it's all been verbal so far, but I am still full time status at the moment). Also, I'm not sure what to do at work now, sit on my butt for 6 hours out of the day until my hours are formally cut? The state is New York, which from what I understand does pay if you quit under certain circumstances.

Thanks in advance,

J

[Miss J 74]

73 views and not 1 answer?

[Ariadne22]

Essentially, the terms of your employment will have changed substantially when your hours/pay are reduced 75%, therefore, the employment is no longer suitable.

On its face, you should be able to quit when your hours are reduced and apply for UE. However, don't quit until that happens and until you have written evidence of that reduction and that you have attempted to rectify the reduction of hours/pay with your employer.

That said, expect your employer will contest your claim.

More info, here, although they don't specifically address your exact situation, this may be close enough:

Statutory good cause is also provided by sub. sec. 599.2 for claimants leaving employment which is not "suitable employment" to enter training approved under the Federal Trade Act of 1974. "Suitable employment" is defined as "work of a substantially equal or higher skill level than the claimant's past adversely affected employment and for which the remuneration is not less than eighty percent of the claimant’s average weekly wage." This exception does not apply to any other training program.



In addition to the statutory reasons above, numerous other conditions may provide good cause for leaving employment. In general, to qualify for benefits a claimant who voluntarily leaves employment must have had a compelling reason for leaving and must have made a reasonably prudent attempt to resolve the problem and protect the employment.

Reduction of wages

1. Where the employer altered the original terms and conditions of employment whereby certain disbursements by claimant, a salesman-collector, were no longer allowed, which represented a 5% reduction in his already meager remuneration, voluntary leaving of employment was with good cause. (A.B. 13,471-46; A-750-761)
2. The action of the union in agreeing to a wage reduction and production method change, which affected all employees and which was ratified by the union membership, is a collective election by the union members and a voluntary leaving of employment thereafter because of dissatisfaction with such agreement is without good cause. (Ref. 545-1106-52R; A-750-1173; similarly, A.B. 18996-49)
3. Reduction in pay due to elimination of overtime and inability to work during inclement weather, such work being optional with employee, was not good cause for voluntary leaving of employment. (A.B. 12,726-46; A-750-718)
4. Good cause did not exist where claimant voluntarily left employment of 34 hours per week because the employer, due to shortage of materials, could not furnish 40 hours' work per week. (A.B. 5703-41; A-750-260)

Section 1600-1700

Interestingly, no specific "good cause" reasons are given, more along the lines of reasons why NY denies. Nonetheless, reduction in hours/pay still applies.

[Miss J 74]

Thanks Ariadne.

They finally put it in writing on Monday that I would be 1099 for this week. Now they are essentially saying today is my last day. However now it turns out my being 1099 for one week would be a pain for the payroll dept. So instead I am being paid a separate check at a different rate and only SSI being taken out of that check.

Now I start a new job September 9th. If I claim unemployment, it would only be for 2 weeks. But I have a feeling they might fight it. Considering the circumstances, should I risk it?

[Ariadne22]

What are you risking by applying? So, what if they fight it?

A better consideration might be what type of benefit you would have by applying now, as opposed to waiting until this new job ends.

In NY, if you apply now, it considers earnings April 2012-March 2013. If you don't qualify that way, it considers earnings July 2012-June 2013. So, earnings from this employer won't provide the lion's share of earnings on which your claim would be based:

To qualify for benefits:
1. 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 to you in your base period
must be one and one-half times your high quarter
wages. Exception: if your high quarter wages
equal $8910 or more, your earnings in the other
base period quarters must total at least one-half of
$8910, or $4455.

Base period:
Basic: The first four of the last five completed calendar
quarters prior to the calendar quarter in which your
claim begins; OR

Alternate: The last four completed calendar quarters
immediately prior to the calendar quarter in which your
claim begins.

Your weekly benefit rate is one twenty-sixth (1/26) of the
high quarter wages paid to you in your base period.
Exception: If your high quarter wages are $3,575 or less,
your weekly benefit rate is one twenty-fifth of your high
quarter wages. Wages are applied to the quarter in
which they are paid. The maximum rate is $405.

http://www.labor.ny.gov/formsdocs/ui/TC318.3e.pdf

Download and read the NY handbook.

[Miss J 74]

I always get the full amount which is $405 a week. I'm never worried about getting the full amount.

I'm just wondering if it's even worth it to apply when I will be unemployed for only 2 weeks and one of those weeks is considered a waiting period. (My last day was Fri, start new job September 9th).

[Chyvan]

If you think you'll get $405/wk, then only you can decide how much work you're going to put in to get that amount. I'd easily be willing to spend 10 manhours to get that much. Having reread your original post, I'm not so sure you have a waiting week. The timing almost suggests that your benefit year isn't up, and this will be a reopened claim so there could be $810 at stake.

Also, besides what it does for you, it helps the world. The $405 or $810 comes out of the employer's reserve account, and sends a message, "you balance your books at the employee's expense, and it may not save you any money," so that hopefully they stop doing it.

[Kees]

Originally Posted by Miss J 74

I'm just wondering if it's even worth it to apply when I will be unemployed for only 2 weeks and one of those weeks is considered a waiting period. (My last day was Fri, start new job September 9th).

I guess it depends on if you need money. You can still collect for the 2nd week right?

I lost my job on a Friday in June... and started a new one on Wednesday.

I filed for UI and collected $200 for Monday and Tuesday... it's $200 I didn't have prior. When I filed Friday morning the day I lost my job I had worked 32 hours but they still counted it as my waiting week... then I was OK to get paid for the following Mon/Tues.

[Miss J 74]

Originally Posted by Kees

I guess it depends on if you need money. You can still collect for the 2nd week right?

I lost my job on a Friday in June... and started a new one on Wednesday.

I filed for UI and collected $200 for Monday and Tuesday... it's $200 I didn't have prior. When I filed Friday morning the day I lost my job I had worked 32 hours but they still counted it as my waiting week... then I was OK to get paid for the following Mon/Tues.

Good point. I only worked 23.75 hours last week, but we agreed it was at a higher rate, so I made more than the $405 I would get from unemployment. So my understanding is I can't claim for last week but I should be able to for this week. Plus my claim was started in April with a break for 4 months while I was working full time, so maybe I won't have a waiting week after all.