fartness
Computersoc Dot Com
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join:2003-03-25
Look Outside
clubs:
1 edit | [Info] Unemployment?
Is a company who employs a worker 20-25 hours a week allowed to cut that worker's hours to 3 or 4 hours a week in hopes of making them quit? Is there anything the employee can do?
Upstate if it makes a difference.
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The Dv8or
DSLReports Forums -- The Mouse House 2.0
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join:2001-08-09
Danbury, CT
clubs: | Talk to the State Dept of Labor. |
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Midak
Doctors suck
Premium
join:2002-02-26
Yonkers, NY | reply to fartness
Nothing you can do unless you have a contract. Start looking for a new job in your spare time, which you seem to have plenty of right now. |
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Rob
In Deo speramus, God Bless the USA
Premium
join:2001-08-25
Kendall, FL
 ·Comcast
| reply to fartness
I don't see why not. The company can fire you, they don't need a reason. I'm not sure why people have this idea that unless you do something wrong, you can't be fired. Time to find a new job.
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LOsErLuKiN
join:2004-01-18
Brooklyn, NY | Well the thing is they're not firing him, it seems that they are trying to make him quit not to have to give him unemployment. |
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Rob
In Deo speramus, God Bless the USA
Premium
join:2001-08-25
Kendall, FL
·Comcast
| said by LOsErLuKiN  :Well the thing is they're not firing him, it seems that they are trying to make him quit not to have to give him unemployment. You can still get unemployment if you quit, but he needs to talk to his employer first and ask them why they are only giving him so little hours.
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richk_1957
If ..Then..Else
Premium
join:2001-04-11
Minas Tirith
| reply to fartness
From what I've been told by someone in HR [and it we have some people here who know different/more, please speak up]. Being Fired is for a cause, you have done something wrong, at least in the company's eyes. Being laid off is something else. Depending on your location/situation, you can be laid off for almost anything.
To the OP's question.
Usually, employees who work under 40 hours/week are temps & don't receive any benefits, etc. The company can do anything they want and there's not a thing the employee can do. Unless, of course, he has a contract with the employer that specifies the # of hours he will work each week. |
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Midak
Doctors suck
Premium
join:2002-02-26
Yonkers, NY
| reply to LOsErLuKiN
said by LOsErLuKiN :Well the thing is they're not firing him, it seems that they are trying to make him quit not to have to give him unemployment. With those hours, he won't get unemployment. Save him the aggravation and tell him to get a new job. |
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HardwareGeek
join:2003-11-15
Brooklyn, NY
| If they fire him he can get unemployment as a part time worker.
However if he quits he gets no unemployment.
If he was a Full Time Employee and they cut his hours like that he could get unemployment even if they didn't fire him and he was still working 4 hours a week for them.
If he doesn't want to quit then I would suggest he submit in writing a letter requesting more hours and full time status. If that doesn't work become a worthless employee where they would rather fire you and pay unemployment then have you work.
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Email/MSN: Michael at hardwaregeeks.comAIM: MikeR35292 |
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will11209
join:2000-09-03
Brooklyn, NY | if you purposely get fired that will look bad to your next job interview.
who pays for unemployment? does the government pay or does the employer? does the employer get informed that you are on unemployment after they fire/lay you off? |
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ArgyleDSL
Cute and Cuddly
Premium
join:2002-07-04
Flushing, NY
| said by will11209 :if you purposely get fired that will look bad to your next job interview. who pays for unemployment? does the government pay or does the employer? does the employer get informed that you are on unemployment after they fire/lay you off? The employer pays unemployment insurance which is adjusted on how many employees take advantage.
See »www.labor.state.ny.us/ui/ui_index.shtm
"Unemployment insurance is temporary income for eligible workers who become unemployed through no fault of their own and who are ready, willing, able to work and have sufficient work and wages in covered employment. In New York State, the money for unemployment insurance benefits comes from taxes paid by employers. No deductions are ever made from a worker's paycheck for unemployment insurance. It is the Department of Labor that determines whether an unemployed worker qualifies for unemployment."
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rifleisgod
Wtf?
join:2001-12-16
NYC
clubs:
| reply to Midak
said by Midak :With those hours, he won't get unemployment. Save him the aggravation and tell him to get a new job. Not true. Unemployment is based on the last 12months of employment. It is then broken down into 4 cycles, and the 3 cycles where you made the most money is what they base your unemployment pay on.
So even if they fire you while only working 4 hours for the last month you are still entitled to a decent share of your former salary. Also last I heard you can be turned down for unemployment depending on the type of termination, ie: due to criminal action.
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Midak
Doctors suck
Premium
join:2002-02-26
Yonkers, NY
| You can also be denied based on the objections of your former employer. Our company has three attorneys who work on this quite often and quite often, we end up not paying it. If you are fired for non performance, dont expect to get unemployment unless your employer does not object. |
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Maggs
Premium
join:2002-11-29
Woodside, NY | reply to fartness
That's actually a good case for employment discrimination, if only that employee was cut to 4 hours a week. Give a buzz to the EEOC.
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JustPokeRoun
join:2002-01-29
NJ
clubs: | reply to fartness
can probably apply for partial unemployment benefits.
based on the amount of weeks he worked at 27 hrs per week, then all of a sudden being cut to 4 hrs. |
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