If my employer puts me on part-time bases after full time, will that effect my unemployment benefits? (apply, holiday)

[freaknasti6969]

I've worked at my job for 9 years. All of sudden, in Nov. I got approached by my store manager and hr about my schedule at work. My daughter 6, and they have agreed to my schedule for 6 years. All of a sudden they told me that no one has these hours and that they are going to reduce my hours according to lack of work but I went to draw partial unemployment and I qualify but they gave me just enough hours so I cant draw it. I haven't been talked to about part time status, but I am working part time hours, however I am still full time status. I need help what to do

[Chyvan]

There's nothing you can do if you make too much money with your part-time earnings to qualify for UI.

However, if you're in NY, and the distribution of your hours is causing you not to get UI, then maybe we can give you some help, or if you want to just stay home and collect, there may be a way to establish a good cause quit because of your reduced hours. However, you said the reduction in hours happened in Nov, and it's two months later, so it could be viewed as you accepted the new, crappier terms of employment.

[Cyoc]

My wife found out today due to work being slow she is being moved from full time with benefits to part time 20 hours a week and no benefits . We live in Texas. What can she do?

[Chyvan]

Does she want UI? She has to complain to her employer about the change, and she has to be able to prove it, so she better do it via email or letter.

TX recognizes that a 20% reduction in hours is good cause to quit.

Unemployment Insurance Law: The Claim and Appeal Process

[Cyoc]

She would prefer to have the job at full time and not have to collect UI but we cannot afford to get by with her hours getting cut in half. She has been there since june. We live 35 miles in another town from her work and they told her she would work 2 days a week at 8 hrs a day and 1 at half a day. They say that if it picks up again then she could go back to full time but no gaurantee so if she takes the part time then she will be stuck?

[Cyoc]

They also told 2 other employees the same thing.

[Ariadne22]

TX encourages people to keep their jobs and allows for partial benefit claims.

Call TX and ask about filing a claim for partial benefits. This may a way to keep the job and be partially compensated for reduced wages. Partially explained, here:

1. An individual is partially unemployed in a benefit period of less than full-time work if the individual's wages payable for that benefit period are less than the sum of:

1. the benefit amount the individual would be entitled to receive if the individual was totally unemployed; and
2. the greater of:

1. $5; or
2. 25 percent of the benefit amount.

1. For purposes of this subtitle, an individual is considered unemployed if the individual is:

1. totally unemployed as defined by Subsection (a); or
2. partially unemployed as defined by Subsection (b).

1. Notwithstanding Subsection (b), an individual is not partially unemployed for purposes of this subtitle for a benefit period in which the individual's working hours are reduced by the individual's employer as a result of misconduct connected with the work on the part of the individual. Such limitation will be effective for a maximum of four weeks from the effective date of such a reduction in hours.
2. For purposes of this subtitle, an individual is not considered unemployed and is not eligible to receive benefits for any benefit period during which the individual works the individual's customary full-time hours, regardless of the amount of wages the individual earns during the benefit period.

The two most important definitions above are these: totally unemployed means someone who is earning 25% or less of the weekly benefit amount to which their base period earnings qualify them, and partially unemployed means someone who is earning more than 25%, but less than 125%, of their weekly benefit amount. In plain terms, a totally unemployed person is someone who is no longer working for pay, and a partially unemployed person is someone whose pay, due to a reduction in work time, is below 125% of the weekly benefit amount to which he or she would be entitled if totally unemployed.

A partially-unemployed claimant can file valid weekly claims and draw benefits as long as they report their work and earnings and do not earn 125% or more of their weekly benefit amount. The earnings act as an offset against the benefits. As an example, if an employee whose prior earnings entitle her to a weekly benefit amount of $240 per week experiences a drop in earnings due to a reduction in hours through no fault of her own (not as a disciplinary measure and not at the employee's own request), and the earnings fall below 125% of $240 per week, or $300, the employee can file a valid partial unemployment claim and draw the difference between the lower weekly earnings and $300 per week. A paycheck of $280 would thus result in payment of $20 in UI benefits.



The reason that the law provides for partial UI benefits is to encourage employees whose hours are reduced to stay with the job and work the available hours, thus promoting employment, rather than quitting altogether and going on total unemployment; those who stay with the job and collect partial UI benefits end up with 125% of their weekly benefit amount, instead of only 100%. An estimate of partial benefit amounts may be obtained by using the fields below (enter numbers only - no dollar signs, commas, or decimals).



Unemployment Insurance Law - Eligibility Issues

[Chyvan]

Don't say this. The theory for getting UI in a case like this is that your wife had a great job, the employer eliminated that great job, then offered her that same job at a fraction of what she had before. Therefore the new employment deal is unsuitable. But you never say you "can afford to get by" because if you think getting by with a 50% reduction in your hours is tough, it'll be tough getting by on UI.

Originally Posted by Cyoc

we cannot afford to get by with her hours getting cut in half.

[Cyoc]

So she currently makes $13.00 per hour so weekly is $520.00 at the 50% cut she would only make $260.00 weekly due to going from 40 hrs a week to 20 hours per week. So should she quit and file for unemployment due to this trastic pay cut? If so then how does she go about doing this?

[Chyvan]

First, she has to decide what she wants.

Using this link https://services.twc.state.tx.us/UBS...Calculation.do I approximate that her weekly benefit amount will be $270/wk if she quits and successfully collects.

Using this link Unemployment Insurance Law - Eligibility Issues
She can collect $78/wk if she just works part time.

Do the math as quickly as you can and make your decision. She can't take very long deciding, or it will be construed as she accepted the lesser terms of employment. Also, factor in that her employer might thwart her efforts to collect and have her coming in 7 days a week for 3 hours per day and drive your commuting costs sky high, or if they have a 2nd or 3rd shift, they might do that to her as well.

Also, do you have money in the bank? I quit in the state of AZ when my hours were cut and lost my health insurance. It took me 5 appeals spread over 11 months, and then another month for a total of 12 months before I saw my first UI check, so if you can't handle the appeal process because you'll go broke, then she needs to settle for the partial UI benefit. The TX link does say that a 20% reduction in hours is good cause and the more the reduction the better the cause, but it is TX, and the posts from here make it seem like they are really hard on claimants. Also, your wife lost her health insurance, and she needs to throw that in there as well because that just compounds the reduction. The burden is on her so she will have to prove the reduction in hours with pay stubs or memos. It won't be enough for her to just say they were doing this to her. She'll need to show that she really lost her health insurance. They also might ask what she did to "adjust her grievance" as in what she did to get her employer to change their mind. If any of those elements are not proven, it'll weaken or maybe cost her, and she can end up with no paycheck and no UI check.

So when you are sure you want to do this, I'll tell you what you need to do, but it might take a long time to work your way through the process.