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I went on temporary disability in April. My job was as an armed security officer at a bank. While I was on disability a guards gun went off accidentally in the bank so now if I go back when released from the doctor my position would be UNARMED with a 30% decrease in pay. I feel I should be eligible to collect unemployment benefits due to such a drastic change in my job. They want me to guard a bank that has been robbed multiple times without a gun for $12.00 an hour instead of $17.00. Anybody think this is reasonable and I can collect??? Thanks
I went on temporary disability in April. My job was as an armed security officer at a bank. While I was on disability a guards gun went off accidentally in the bank so now if I go back when released from the doctor my position would be UNARMED with a 30% decrease in pay. I feel I should be eligible to collect unemployment benefits due to such a drastic change in my job. They want me to guard a bank that has been robbed multiple times without a gun for $12.00 an hour instead of $17.00. Anybody think this is reasonable and I can collect??? Thanks
I've never heard of collecting unemployment due to a pay cut. It may be possible due to a drastic cut in hours or repeated or lengthy furloughs. But not for a simple pay cut. Check with EDD to be sure.
I went on temporary disability in April. My job was as an armed security officer at a bank. While I was on disability a guards gun went off accidentally in the bank so now if I go back when released from the doctor my position would be UNARMED with a 30% decrease in pay. I feel I should be eligible to collect unemployment benefits due to such a drastic change in my job. They want me to guard a bank that has been robbed multiple times without a gun for $12.00 an hour instead of $17.00. Anybody think this is reasonable and I can collect??? Thanks
I see you are in California. Yes, you can collect.
30% reduction in pay is a material change to your employment contract.
Essentially, you were discharged from your old job @ $17/hr. and offered 'new work' that is unsuitable as to pay.
Per CA:
Quote:
Title 22, Section 1256-22(b), provides in part:
An individual who leaves work due to dissatisfaction with some aspect of wages has left work with good cause if the leaving of work is for any one or any combination of the following reasons:
(4) The employer substantially breaches the agreement with an employee as to the agreed rate of pay.
First, notify your employer unless they are able to restore you to the old position at your previous rate of pay and benefits, you will have no option other than to consider this a discharge. If they say no, then you quit. Keep a paper trail on this communication as proof of this effort.
Ariadne22 is right, but think PROOF. As the quitter, you have to prove that your pay was actually going to be cut, that you gave the employer the opportunity to keep paying you the same, that they refused, and that you quit because of the reduction in pay.
You can't wait very long either or it looks like acceptance. You've got until about your next paycheck to act. The reason being is that this might all be verbal, so you'll have your old pay check with your higher rate, and your new check with your lower rate as proof, and then you get up and leave once it's in hand.
For proof that you complained, use email, text message, or leave a note in someone's in basket (that you made a copy of).
Just know that the gun issue probably isn't the key or the thing you lead off with first. If it wasn't for the pay cut, would you have kept being the guard without a gun? If so, then don't mention the gun. Safety stuff is too difficult to justify. You'd then have to prove that you would actually be a risk at work without a gun, and since psychic testimony isn't testimony at all, it will be rejected. However, the pay all by itself is sufficient. A 20% or more reduction in pay gives an employee good cause to quit so long as the employee made an attempt to avert the cut..
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pay cut/change in job
