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I was hired as full time employee in NJ and they start cutting my hours 40 hours fir 2 weeks due to lack of work,2 months after of very low hours,they put me in part time position and i signed it without thinking but didn't start workin as part time yet ,i talk to them that i cant work as a part time and they told me that they will let me go if i don't want the part time position..should i take the part time or let them laid me off so i can claim unemployment?...need advice pls!
I was hired as full time employee in NJ and they start cutting my hours 40 hours fir 2 weeks due to lack of work,2 months after of very low hours,they put me in part time position and i signed it without thinking but didn't start workin as part time yet ,i talk to them that i cant work as a part time and they told me that they will let me go if i don't want the part time position..should i take the part time or let them laid me off so i can claim unemployment?...need advice pls!
You have two options.
1. Keep the part time job and claim unemployment benefits.
NJ's benefit is 60% of your average weekly wage in the base period.
If you work part-time, NJ increases your benefit 20% and deducts your gross earnings from that higher benefit.
Example:
$300 - Weekly Benefit (this amount depends on your average weekly wage)
$360 - Partial Benefit when working
- 240 - Wages 20 hrs @ $10/hr. $120 - NJ net unemployment benefit
Employer may fight these benefits b/c you signed the agreement.
2. Refuse the part-time as unsuitable, tell them in writing you are withdrawing signed agrement, that the part-time hours are unsuitable, have them lay you off.
You apply for benefits.
Employer will say you quit because you were working two months at reduced hours and signed the agreement to work part-time. You say you withdrew that agreement, and can't afford to work part time permanently. Old job was full-time; new job is part-time and unsuitable. "Unsuitable" is the key word.
That said,NJ may initially deny benefits and you may have to appeal before you see any money. This could take up to three months. It's hard to say how NJ will handle this.
Technically, you were discharged from your full-time position two months ago and should have done either of the above at that time. Your reason for the delay in a refusal was you were hoping to be restored to full-time work.
Thank you for you response!, this is what happened next...need more advice
-sept 30 when they offer me the part time position but i noticed on the job status change paper say effective date is sept 29 and my name and last name are wrong.
-oct 1st morning, i sent my director and director of nursing(second in position) a letter that i am refusing the part time position and want to remain as full time and the part time work is substantially less favorable,they called me on my phone right away and telling that they cannot keep me as a full time and they're trying to help me that's is why they offer me the part time position..and if i don't want the part time position they don't have a choice to let me go and i told them that i will think about it. They gave me that whole day and think about and they told me that oct 2 & 3 they put me on schedule to work.
-oct 2nd two hours before my work i called my director of nursing and told her that i made my decision that i am not taking the part time position and if that schedule work is part of the part time offer..i cannot work for that!, and she just say ok and she will let my boss know(our director).
Since oct 1st i keep trying to talk my director personally upto yesterday to clear everything in formal and professional way but didn't happen our director of nursing keep telling me that he's always busy.
Yesterday afternoon our director of nursing asked me to call her in our office and she told me that our boss is mad at me because i didn't show up and abandoned my job and if i didn't show up again today..it means i quit and they're not gonna give me a good recommendation on my future application for job and she told me that if unemployment called them they will them that i abandon my job because they offer me a part time job to keep working.
The reason i didn't work yesterday and today because i know that is the beginning of the part time position and might affect if i apply for unemployment to get the full benefits..did i do the right thing or no?
I forgot to mention that before they offer me the part time position and and signed it in oct 1, i already applied a partial unemployment in oct 27.
By the way our surgery center didn't give us benefits at all to all employee, they promised to us that they will give us a benefits when they interviewed us but didn't happen and they start cutting my hours and put me in part time position after they hired a newly grad and a lot less per hour rate and because the guy has computer science knowledge,they use him to fix and setting up their electronic medical record but we are x-ray tech.
I hope you can give me more advice in able to get my full unemployment benefits because i am the main provider to my family. Thanks in advance!
-sept 30 when they offer me the part time position but i noticed on the job status change paper say effective date is sept 29 and my name and last name are wrong.
-oct 1st morning, i sent my director and director of nursing(second in position) a letter that i am refusing the part time position and want to remain as full time and the part time work is substantially less favorable,
they called me on my phone right away and telling that they cannot keep me as a full time and they're trying to help me that's is why they offer me the part time position..and if i don't want the part time position they don't have a choice to let me go and
i told them that i will think about it. They gave me that whole day and think about and
they told me that oct 2 & 3 they put me on schedule to work.
-oct 2nd two hours before my work i called my director of nursing and told her that i made my decision that i am not taking the part time position
and if that schedule work is part of the part time offer..i cannot work for that!, and she just say ok and she will let my boss know(our director).
Since oct 1st i keep trying to talk my director personally upto yesterday to clear everything in formal and professional way but didn't happen our director of nursing keep telling me that he's always busy.
Yesterday afternoon our director of nursing asked me to call her in our office and she told me that our boss is mad at me because i didn't show up and abandoned my job and if i didn't show up again today..it means i quit and they're not gonna give me a good recommendation on my future application for job and she told me that if unemployment called them they will them that i abandon my job because they offer me a part time job to keep working.
The reason i didn't work yesterday and today because i know that is the beginning of the part time position and might affect if i apply for unemployment to get the full benefits..did i do the right thing or no?
I forgot to mention that before they offer me the part time position and and signed it in oct 1, i already applied a partial unemployment in oct 27.
When NJ interviews you, just stick with your October 1 letter stating you were discharged from your full-time position and refused the part-time hours which notice you put in writing to your boss.
Of course your boss is going to say job abandonment, quit, refusal of work. Even so, it will be easier for the deputy to work with an actual discharge.
Keep in mind, in NJ, it takes 3-4 weeks before you are even interviewed and then a decision a week or so later. So, you will have no monies from NJ for at least six weeks. If you are denied and need to appeal, then several months.
I've been working a full-time job for about 2 years. Just over this last weekend an email was sent out saying they are reducing my teams schedule to part time 20 hours per week. I have stated my case and asked them about reinstating my hours back to 40, and that the new part time offer is unsuitable for me. They contacted me back saying they could no longer offer me 40 hours a week. They also insisted I sign a form which states I accept the new 20 hour part-time agreement. I told them again I refuse the part time offer, which I was then instructed from my manager not to work until the form was signed.
Finally, I told them that if refused the part time offer because it is unsuitable, and they will not reinstate my 40 hours with commensurate pay and benefits I will have no choice to assume I have been discharged.
They then respond again that they cannot offer me my 40 hours, and that I will need to submit my resignation with what my final work day will be. Should I, or do I, need to reply to this? I have not worked since Tuesday because they had me waiting on a response to my letters (it is Thursday when posting this).
I want to make sure my i am eligible for NY Unemployment Insurance. Thanks.
which I was then instructed from my manager not to work until the form was signed.
Do you have an email for this? At this point you were FIRED, and your UI is assured.
Quote:
Originally Posted by Foxglove_9
Finally, I told them that if refused the part time offer because it is unsuitable, and they will not reinstate my 40 hours with commensurate pay and benefits I will have no choice to assume I have been discharged.
This was a mistake. Once fired, you don't go back, apply for UI, and don't go into the details. This strategy just started up a negotiation, but I can't tell if this was in writing or just verbal where you can nail your story down better.
Quote:
Originally Posted by Foxglove_9
that I will need to submit my resignation with what my final work day will be.
Don't you dare turn a firing into a quit.
I'll be blunt with you. Quiting because of a reduction in hours is touchy for UI. It's not allowed in my state, BUT reductions in hours cause other things to happen that ARE good cause. If the reduction causes you to lose your full-time benefits then that drastically affects your compensation. It throws your commuting time and expenses out of whack. While it might be ok to have a one-way 1-hour commute for 8 hours, no one in their right mind will do that for 4-hours. You might have daycare, and if your center operated like mine did, I paid whether they were there the whole day or not. When doing a quit under these circumstances, you have to expanded your reasons to include everything adverse this change caused you.
As it stands now, your employer is preventing you from working because you refused to sign an agreement. That's not misconduct, and puts things very much in your favor and makes it less like a quit which is something you really want to avoid if you can stear things the right way. It's not because of the reduction in hours. Just go with it. You'll have plenty of time to keep coming back to get guidance as the process unfolds.
So you know, I know what I'm talking about. I lived this senario, and I made mistakes that complicated things for myself. In my case though, my employer didn't do anything to remotely make things look like I was fired. I had to do the good cause quit, and I wrote the letter. If I had it to do over again, I'd have just told UI I was fired, never wrote the letter, and took my chances. Without that letter of resignation, it gets difficult to prove that you quit, and if the employer starts saying, "we cut his hours, and he wasn't happy with that and quit . . . " well, I have stuff you can use later on in the process.
I have everything in emails. Except the part about not reporting to work until the part-time agreement form was signed. That was only verbal.
I have not filed UI yet, I was planning on doing it in the next 24 hours as I was awaiting my companies response.
I was 40 hours/FT with benefits. I have my original signed document from my date of hire. When they made the new offer Monday in the email they also removed my benefits along with the 20 hour part-time offer.
they also removed my benefits along with the 20 hour part-time offer.
Lucky you. The employer went TOO far. If you want the UI, just stop going to work. Treat it as a discharge in the sense that you were fired from the job you HAD (full-time with benefits), and a refusal of a new offer offer of work (part-time), but save this for later if it even becomes an issue. At the application phase, you are simply establishing the reason for your separation and you were FIRED. Part time is almost always unsuitable for a full-time worker or substantial less favorable than what is prevailing in the locality.
This will help you feel very confident in your decision:
I had to resort to them in my many appeals but that is because I said I quit, wrote a letter of resignation, and was poopooed by many in the system because they gave my health insurance a value of zero. However, because you're going to say you were fired, you might have more traction from the beginning when the employer starts to stumble with why they try to explain why you just stopped showing up for work.
Hi I'm in a similar situation in Michigan. Hoping someone can advise. I started my new job in March 2016 as a full time freelance/temp project manager with a six month contract. After the company sent me the offer letter I let them know I'm expecting a baby due in late June 2016. This week they reduced my hours to part time. I really don't think I can get a new job to hire me full time for less than two months before I need to be out to deliver. My benefits are through my husband's job. Do I have any options?
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