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

[rosiramar]

I'm having similar issues: Can someone help me. In California:
Your last day as a full time employee is November 15, 2013.
As of November 18, 2013, you will be a part-time employee.

Vacation: You are entitled to receive a vacation payout of your accrued, unused time.

Group Insurance:You are currently enrolled in our dental and vision insurance program(s) and you will be covered under these plans through November 30,

Severance: We are providing you with two weeks’ notice in lieu of severance.(Note: it was given to me a day after date on this memo)

Compensation: Effective November 18, 2013 you will be an hourly employee paid at a rate of $XX per hour for all hours worked and submitted for approval. The increase in the hourly rate is due to benefits being discontinued.

Short-Term/Long-Term Disability: Your short-term disability, if elected, and long-term disability insurance policies terminate as of the last day worked as a full time employee.

I cannot travel or relocate, can they fire me for this since it was not in my initial contract?

[rosiramar]

I'm having similar issues: Can someone help me. In California:
Your last day as a full time employee is November 15, 2013.
As of November 18, 2013, you will be a part-time employee.

Vacation: You are entitled to receive a vacation payout of your accrued, unused time.

Group Insurance:You are currently enrolled in our dental and vision insurance program(s) and you will be covered under these plans through November 30,

Severance: We are providing you with two weeks’ notice in lieu of severance.(Note: it was given to me a day after date on this memo)

Compensation: Effective November 18, 2013 you will be an hourly employee paid at a rate of $XX per hour for all hours worked and submitted for approval. The increase in the hourly rate is due to benefits being discontinued.

Short-Term/Long-Term Disability: Your short-term disability, if elected, and long-term disability insurance policies terminate as of the last day worked as a full time employee.

I cannot travel or relocate, can they fire me for this since it was not in my initial contract?

[/quote]

[Chyvan]

What exactly is that you want? Do you want to reject this offer and collect UI benefits? How much did they increase your pay to make up for the offset in benefits?

I quit over a situation such as this and it took me 363 to get my first UI check, but it wasn't in your state, but reduction in hours appears to be a fuzzy issue so you need a substantial bankroll if this goes into appeals. Also, the employer increasing your pay as an offset changes the math.

[mrsdna]

Im in nj, full time employee for 20 yrs. being targeted by supervisor, who announced on wednesday during one of her abusive "discussions" with me that she is forced to give me part time, starting monday and that i need to prove i can do the same amount of work in shortened time. No mention of benefits vacation pay or anything. i have been reading about possibility to collect UI, but its not clear. is what they are doing legal.

[Chyvan]

It's legal for the employer to cut your hours.

However, you don't always have to accept the change in working conditions. If properly handled, and you have what it takes in stamina, you can quit and collect unemployment as the consolation prize.

Being cut to 20 hours AND have to do the same amount of work, would most assuredly be good cause.

[mrsdna]

thank you for your time and information, i am at the breaking point and researching all possibilities, need to look at my options to figure out best solution

[Chyvan]

One of the requirements is to adjust your grievance. You need to bait her with an email to get some solid proof that you tried to do that, and get an admission from her that is what happened.

I'd suggest, "per our conversation yesterday, you can't possibly be serious that you expect me to do the 40 hours of work I do now, in the new 20 hour schedule you're proposing."

If she the reply back is, "you're going to have to try." You have proof that you tried to adjust and an admission that it was going to happen, and then immediately feel free to walk out. Don't quit with a letter of resignation, just leave.

Then file for UI, and say "discharged." The reason being is that the states have a terrible time dealing with a change to working conditions. They always try to apply the reasonable worker standard to things like they do in a quit case. You want to drive home that point that the job you had ceased to exist, an that this was a new offer of employment. It just makes it easier.

After going through my ordeal, amazingly enough my sister was told her job would be eliminated, and they offered her a 5 hr/week job as a substitute. She used discharged on her paperwork, and had a MUCH easier time getting UI benefits.

[mrsdna]

Excellent information, will look at nj employment law for "discharged" -- I wish I had found this forum earlier and posted the same day to allow for time to get the "proof" before having to start the new hours. Unfortunately, the stress has been getting the better of me. I am supposed to start work an hour later on Monday -__- I will however send an email 1st thing as i have no formal information from supervisor (or company) on this change. Thank you again. I hope you and your sister are doing well now

[knitting57]

Shelbydog

i am in illinois and currently was hired at a full time position at 38.5 hours and now i am lucky to get any where from 28-32.5 a week and this could change. If he reduceds me to a part time status can i collect unemployment to make up the difference. I need some help in this matter and i am the primary worker in the family as my husband is disabled thanks

[Ariadne22]

Originally Posted by knitting57

i am in illinois and currently was hired at a full time position at 38.5 hours and now i am lucky to get any where from 28-32.5 a week and this could change. If he reduceds me to a part time status can i collect unemployment to make up the difference.

You may or may not benefit, depending on the WBA (weekly benefit amount) Illinois allocates to your claim.

Partial benefit formula, explained on pg. 21, here:

http://www.ides.illinois.gov/Custom/...tsHandbook.pdf

Weekly Benefit Amount Table:

http://www.ides.illinois.gov/Custom/...ounts_2013.pdf

Essentially, you are allowed to keep 50% of your WBA, your earnings are deducted from the other 50%, an IL pays you 50%, plus whatever is left.

Partial benefit will not make you whole - at best, you might recover 25-50% of lost wages, if that. A lot depends on your individual numbers - earnings in base-year which determines WBA and weekly earnings.