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Old 05-04-2013, 02:00 PM
 
19 posts, read 37,464 times
Reputation: 11

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I recently went in for an interview for a computer repair job at a big box store. I was told that the position would pay $10.00 an hour and be 30 hours a week. I was offered a job and I reluctantly accepted. Once we moved to the next step, I was told that it was actually more of a sales position, which has a very high turnover rate. (one of the employees told me this!) Also, I would only be making $9.50 and would likely only have 20 hours a week. I feel like I was tricked into accepting the job.

I have decided that the job just isn't worth it considering I made $15.00 in my previous position. I have decided to withdraw from the position before my 1st day. I have been on Unemployment for only a month and I decided that I would be better off continuing my job search instead of wasting time at this position.

I am wondering whether this can disqualify me from receiving benefits? I know that you must look for work, which I have, but I read that the pay must be at least 80% of your previous wage (which this isn't). How do I report this to the EDD office? If the job offer was misleading, is that a good enough reason to turn down a job?

Any advice would be greatly appreciated!
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Old 05-04-2013, 02:14 PM
 
Location: Wisconsin
23,034 posts, read 48,950,871 times
Reputation: 17509
Quit on the basis that you were hired to repair computers, not be a salesperson, and the wage is $9.50 instead of the $10/hr promised. If you are normally employed as a computer repair person, you should be able to quit this job on the grounds that it is unsuitable.

Suitable Work - Table of Contents

When you accepted the job you knew it paid $10/hr, so it's not like the employer cut the wage he promised you by 30%, although he did cut the wage. Therefore, the low wage in comparison to your earlier wage isn't good cause. You could have refused and not begun the job for that reason but, once hired, 30% lower wage you agreed to is not a basis for a quit. His misrepresentation of the actual wage, however, is.

Also, another employee telling you your hours will only be 20 - not the 30 promised - isn't good enough, either. You have to start the job, not be getting the hours promised, talk to management about it, and make a good faith effort to have management correct this problem. If management fails to increase your hours, then you have good cause for a quit.

Your only grounds for the "refusal" at this time is on the basis of job duties and wages lower than promised.
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Old 05-04-2013, 02:33 PM
 
19 posts, read 37,464 times
Reputation: 11
Quote:
Originally Posted by Ariadne22 View Post
Quit on the basis that you were hired to repair computers, not be a salesperson, and the wage is $9.50 instead of the $10/hr promised. If you are normally employed as a computer repair person, you should be able to quit this job on the grounds that it is unsuitable.

Suitable Work - Table of Contents

When you accepted the job you knew it paid $10/hr, so it's not like the employer cut the wage he promised you by 30%, although he did cut the wage. Therefore, the low wage in comparison to your earlier wage isn't good cause. You could have refused and not begun the job for that reason but, once hired, 30% lower wage you agreed to is not a basis for a quit. His misrepresentation of the actual wage, however, is.

Also, another employee telling you your hours will only be 20 - not the 30 promised - isn't good enough, either. You have to start the job, not be getting the hours promised, talk to management about it, and make a good faith effort to have management correct this problem. If management fails to increase your hours, then you have good cause for a quit.

Your only grounds for the "refusal" at this time is on the basis of job duties and wages lower than promised.
I was told I would be working 30 hours by a supervisor,but then he only put me down for 20. just to reiterate, I was told that the turnover rate was high by an employee, not my supervisor. In addition, the hours are dependent on sales, so I could even be cut down to 8 hrs a week if my numbers are too low.

Saying I was hired under false pretenses doesn't cut it? I was told I would be paid $10 an hour, and once we moved to the next step, it changed to $9.50. My occupation is in computer repair, not sales, and the wages are way lower than the median pay in my area.
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Old 05-04-2013, 02:34 PM
 
19 posts, read 37,464 times
Reputation: 11
Also, I haven't officially started.
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Old 05-04-2013, 03:08 PM
 
Location: Wisconsin
23,034 posts, read 48,950,871 times
Reputation: 17509
Quote:
Originally Posted by Shinobironin View Post
Saying I was hired under false pretenses doesn't cut it?
But, that's what I said:
Quote:
Quit on the basis that you were hired to repair computers, not be a salesperson, and the wage is $9.50 instead of the $10/hr promised.
You need to be specific on the "false pretenses."

Quote:
Originally Posted by Shinobironin View Post
I was told I would be working 30 hours by a supervisor,but then he only put me down for 20.

I was told I would be paid $10 an hour, and once we moved to the next step, it changed to $9.50. My occupation is in computer repair, not sales, and the wages are way lower than the median pay in my area.
Wages lower than median pay in the area for the position for which you were hired is relevant. Wages lower than what you had previously earned, or wages lower than average wages for any job in your location is not.

It wasn't clear in your first post that your supervisor had actually scheduled you for fewer hours.

So, now you can say the job duties are unsuitable, and that job duties, wage, and hours are not what was promised.

Quote:
Originally Posted by Shinobironin View Post
Also, I haven't officially started.
This is a gray area. If EDD determines you quit and you report this as a job refusal, EDD may penalize you for a false statement. Better call EDD before reporting this as a job refusal or a quit. If you actually signed paperwork and got the whole employee process going, this will be viewed as a quit.

Last edited by Ariadne22; 05-04-2013 at 03:25 PM..
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Old 05-04-2013, 04:12 PM
 
19 posts, read 37,464 times
Reputation: 11
Quote:
Originally Posted by Ariadne22 View Post
But, that's what I said:

You need to be specific on the "false pretenses."


Wages lower than median pay in the area for the position for which you were hired is relevant. Wages lower than what you had previously earned, or wages lower than average wages for any job in your location is not.

It wasn't clear in your first post that your supervisor had actually scheduled you for fewer hours.

So, now you can say the job duties are unsuitable, and that job duties, wage, and hours are not what was promised.



This is a gray area. If EDD determines you quit and you report this as a job refusal, EDD may penalize you for a false statement. Better call EDD before reporting this as a job refusal or a quit. If you actually signed paperwork and got the whole employee process going, this will be viewed as a quit.

Well it sounds like I might face a hassle with unemployment if I quit now...I may as well try the job out and just keep looking for other positions. Maybe there will be a possibility to eventually move into the comperter repair job.
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Old 05-04-2013, 05:23 PM
 
Location: Wisconsin
23,034 posts, read 48,950,871 times
Reputation: 17509
Any job refusal or quit is a hassle. If you 'quit' the job before you start, the investigation will suspend your benefits for a couple of weeks - but you should prevail.

If you decide to quit the job later, the longer you work under unsuitable conditions, the harder it will be for you to argue the conditions were unsuitable as to pay, hours, job duties, and resume your earlier benefits, plus you will need to prove you made an effort to maintain the employment relationship by communicating with your employer on your issues of job duties, reduced hours, and wages lower than originally promised.

The hours reduction is a biggee along with the job duties. You are justified in 'quitting' on that basis alone.

I don't think you should take this job. It is not suitable.

Call CA. Tell them what you have posted here. You might get these issues resolved immediately.
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Old 05-04-2013, 05:33 PM
 
Location: Wisconsin
23,034 posts, read 48,950,871 times
Reputation: 17509
There is also another reason not to take this part-time, poorly-paying job at this time - the fact that you will not be eligible for EUC on your present claim if that claim currently qualifies.

These new part-time earnings will create new state claim eligibility when you are about to transition to federal EUC benefits, thus voiding any EUC you might currently be eligible for.

Discussed at length, here:

quick questions (i hope)

California Unemployment: Do I take this job or not?

Also, any new claim will be probably be smaller than your current claim and may not qualify for EUC.

The best time to start working part-time is AFTER you have begun EUC benefits - in your case sometime in October. Of course, if you find a good full-time job in the meantime, take it.

If your present claim is so small and of such short duration that it is not eligible for EUC well, then, this advice doesn't apply to you.

FYI - in order to be eligible for EUC in CA, your total base-year earnings need to exceed 40x your weekly benefit or total 1.5x your high quarter.

Last edited by Ariadne22; 05-04-2013 at 05:56 PM..
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Old 05-04-2013, 06:05 PM
 
19 posts, read 37,464 times
Reputation: 11
I thought I should mention that I am on the Unemployment's alternate base period. Instead of going back a full year, it goes back 6 months before you filed the claim to calculate wages.

If I take this job, my current claim will go away and I will not be able to use any of my previous positions should this job not pan out. With the shaky hours, it seems like quite a risk to take the job.... but:

My biggest problem right now about quitting is my family pressuring me. When I mentioned maybe reconsidering the job, they went ballistic. I know I could probably find something else, but I have a feeling that I'd never hear the end of it.

I suppose I could just tell a white lie and tell them I am working, then mysteriously say the job didn't work out. I don't know though...
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Old 05-04-2013, 06:20 PM
 
Location: Wisconsin
23,034 posts, read 48,950,871 times
Reputation: 17509
Are jobs so hard to find that you need to take something for $9.50/hr. now, which will be so detrimental in the long run to your unemployment benefits if your present claim qualifies for EUC?

How much is your benefit right now?
For how long?
Do the base-year earnings qualify you for extended benefits up to another 47 weeks?

If you work part-time, CA allows you to keep 25%, or $47.50 ($9.50x20x25%) of your earnings and deducts the rest from your weekly benefit? Knowing that, what is your real hourly wage if you take this job? Not $9.5/hr - but more like $2.37/hr. Do you really want to work for $2.37/hr.?
Quote:
Amount of Wages
Although a claimant is required to report to the Department to total gross wages payable, only a portion of those wages affects the claimant's eligibility for benefits under Sections 1252 and 1279.

If the wages allocated to a week claimed are $25.99 or less, such earnings are disregarded and, hence, have no effect on the claimant's eligibility for benefits. If the wages are between. $26 and $99. 99, $25 of the wages are disregarded and the amount remaining is considered to be deductible. If the wages are $100 or more, 25 percent of the wages are disregarded and, therefore, the deductible earnings would be 75 percent of the total wages.

When the deductible earnings equal or exceed the claimant's WBA, he/she is ineligible for benefits under Section 1252 since he/she does not meet the definition of an unemployed individual. When the deductible earnings are less than the claimant's WBA and the claimant has worked less than full-time, he/she would be ineligible for full weekly benefits under Section 1279. If otherwise eligible, the claimant would be paid the difference between his/her WBA and the deductible earnings.

EXAMPLE F
Claimant F worked less than full time and earned gross wages of $85 during the week ending August 4. F's WBA is $55. The amount of deductible earnings is $60 ($85 minus $25) which exceeds the claimant's WBA. Therefore, F is ineligible for benefits under Section 1252.

EXAMPLE G
Claimant G worked less than full time and earned gross wages of $120 during the week ending August 11. G's WBA is $85. The amount of deductible earning is $90 ($120 minus 25% of $120) which exceeds the WBA. Therefore G is ineligible for benefits under Section 1252.

EXAMPLE H
Claimant H worked less than full time and earned gross wages of $93 during the week ending August 18. H's WBA is $95. The amount of deductible earnings is $68 ($93 minus $25) which is less than the WBA. Assuming that H meets all other eligibility requirements, the amount payable would be $27 ($95 minus $68).

EXAMPLE I
Claimant I worked less than full time and earned gross wages of $200 during the week ending August 25. I's WBA is $166. The amount of deductible earnings is $150 ($200 minus 25% of $200) which is less than I's WBA. Assuming that I meets all other eligibility requirements, the amount payable would be $16 ($166 minus $150).

Total and Partial Unemployment TPU 5 - General
You've only been unemployed for a few weeks. You already have been screwed over by this employer cutting the promised wage .50c and hours by ten a week and putting you in sales instead of computer repair.

Why would you even want to work for people like this? Why would your family want you to work for people like this? When things begin this way, they don't get better.

I could understand if you'd been unemployed for over a year and this was the best you could do, but it's too early to know that.

Unless you're very young with a very limited job history, given the possible detrimental effects, taking this job doesn't make sense to me.

Again, do you know if your present claim qualifies for EUC?
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