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Cut back to PT

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Jasgal

Junior Member
What is the name of your state (only U.S. law)? CA

Well i have been with my company almost 10 yrs, always great reviews even got a raise 3 months ago. 2yrs ago they hired a new Admin Supervisor who never cared for me. in the last yr she was allowed to hire her best friend. Since then they slowly have pushed me out of a ob. last week i was advised i was being cut back to PT due to cuts. But her and her best friend (who she is her friends boss) have had no cuts. I knew something was coming when I noticed my boss was slowly taking duties from me and giving them to other employees. I am now taking about a $1,200 pay cut. Also it has been well known that the 2 dont know their jobs and hide their mistakes on a regular basis but upper management never hears about it. I am wondering if I have any recourse here. I dont get how they can allow someone to hire their best friend let alone supervise them. Is there anything i can do to either protect what job I have left? Or is there some form of legal action here.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CA

Well i have been with my company almost 10 yrs, always great reviews even got a raise 3 months ago. 2yrs ago they hired a new Admin Supervisor who never cared for me. in the last yr she was allowed to hire her best friend. Since then they slowly have pushed me out of a ob. last week i was advised i was being cut back to PT due to cuts. But her and her best friend (who she is her friends boss) have had no cuts. I knew something was coming when I noticed my boss was slowly taking duties from me and giving them to other employees. I am now taking about a $1,200 pay cut. Also it has been well known that the 2 dont know their jobs and hide their mistakes on a regular basis but upper management never hears about it. I am wondering if I have any recourse here. I dont get how they can allow someone to hire their best friend let alone supervise them. Is there anything i can do to either protect what job I have left? Or is there some form of legal action here.

Nothing illegal is occurring here.*



*They can only cut out the future PT. They can't take away what you may already have accrued.
 

cbg

I'm a Northern Girl
The only recourse you have is to look for another job and quit when you find it. Nothing that you have described violates any laws or protected rights.
 

Chyvan

Member
Since then they slowly have pushed me out of a ob. last week i was advised i was being cut back to PT due to cuts. I knew something was coming when I noticed my boss was slowly taking duties from me and giving them to other employees. I am now taking about a $1,200 pay cut. I am wondering if I have any recourse here. Is there anything i can do to either protect what job I have left?

The unemployment system is your quickest course of action. Because of your reduction in hours, you might be eligible for partial unemployment benefits.

However, you also have some of the makings of a "good cause" quit. Especially, if you find you're working for about the same amount of money you'd be getting on unemployment. You've mentioned your job duties changing and that might render the new work unsuitable. Also, with a reduction in hours, it can cause your commuting time and expenses and childcare costs to be disportationate to your remuneration that the job's not worth keeping anymore. You might find that when you were fulltime you had great benefits that have substantial economic value and now that you're part time, you'll be losing them further erroding your compensation. Less hours might make it so that you have to move out of your current residence and move in with family or some place cheaper that takes you outside of reasonable commuting distance.

You can google CA's EDD benefit determination guide and study the "voluntary quit" section. CA's not big on granting benefits for a quit on just a reduction in hours alone, but if it causes a "hardship," then that changes things. Study "travel: time distance and cost, "Working Conditions," "Wages," and "Hours." CA does make the distinction between the reduction in wages because of hours vs a reduction in the pay RATE, but the "wages" will give a good idea of other things that count if it affects your benefits in terms of vacation, holiday pay, and health insurance.
 

cbg

I'm a Northern Girl
One would think that chyvan got paid a bonus for every poster he could convince to quit over a wage reduction.

I'll leave to to commentator to explain why this is unlikely to be a valid case for quitting and receiving benefits.
 

commentator

Senior Member
If you are cut to part time, after being full time, and especially if this makes your job MUCH LESS desirable, as in that say, with this drop in hours, you lose your company provided insurance, and you are really willing to wait a long time, at least month or two without any paycheck at all, and then MAYBE be approved for unemployment insurance, and you would rather draw the amount of weekly unemployment insurance for you in California, (check it out, it's still not a lot, even in CA) for six months or less, no more, no matter whether you've found a job by then or not.....

If you are on board with all that, then quit the job immediately. DO NOT work a minute at the part time hours. It's a big decision, and you have to make it fast. If you do this, you MAY be approved for unemployment insurance. It's not a sure thing, but this is your only possible move if you even sort of want to qualify.

If you work, even an hour, or a day or a week or two at the reduced rate, then you quit because after all they have cut your hours, you find you cannot meet your expenses on this reduced rate, etc. you will almost certainly NOT be approved for unemployment. Working at a job means you have accepted the terms of the job, the hours, the benefits, etc. The system does not give a hoot if your job is a small number of hours, any of that equivalency stuff, or if you are making less than you used to IF you have accepted the part time hours by working them, at all.

If you file for benefits, having put any work time between the hour cut and your quitting the job, you don't have much of any chance of approval. They told you how many hours you were going to get, and you took it. The system doesn't care that you took it because couldn't afford to be without a paycheck, or that you needed the money or any issue like that. You work it, you accepted it.

If you decide you don't like the uncertainty, that you think it would be safer to continue working at this job until you can find another one to go to, which incidentally I think is the wisest course for people to do in most cases, then I'd advise you WITHOUT QUITTING THE JOB to file a claim for unemployment benefits right away, explaining that your hours have been cut down. This will set up a claim. You will be able to see exactly what the weekly benefit you would draw if qualified will be. If the amount you are making working part time for your employer is less in a Saturday through Sunday week, (gross wages) than your weekly benefit amount, you will be eligible for partial unemployment insurance benefits while still working. All you say is that you are working all the hours your employer has for you, and they'll verify this. You have not quit the job. You'll work all you are allowed to work and draw some small amount of unemployment along with it, NOT, of course, your whole weekly benefit amount.

If you stick it out, this may cause your employer to do one of several things. Firstly, if they really want to get rid of you, they may trump up a reason and fire you. In these circumstances, with them being the driver of the action of you leaving, and they do it without a valid misconduct reason (performance is probably not going to be considered misconduct) your chances of being approved for unemployment benefits are pretty good. Much more than if you voluntarily quit the job, where the burden of proof is on you to show that you had a valid work related reason to quit the job.

They may just not fight any more if you continue to work there in spite of the hour cut, may give you a lay off due to lack of work or something and let you go and draw benefits easily until you find another job.

In either case, forget reading all the whys and wherefores of the unemployment laws and trying to guess whether or not you could draw benefits. Just remember, if you're going to quit, do it immediately, as soon as you've heard what they're going to do, in regard to your hours, before you work at the reduced number of hours at all.

If you have already worked any part of a reduced hours week, then my advice to you is DO NOT quit the job, keep working there until you find something else or they fire you. File that claim for unemployment right away, without quitting.

If you haven't quit yet, think about it right now. As I said, regardless of what they've done to you, how unfair it was, or all your faithful service, they have a right to reduce a person's hours, will always say it was in the best interests of the company. There's no labor law that prohibits them doing this. So unemployment insurance is your only recourse except finding a new job and moving on. And as I said, being approved after a quit is by no means guaranteed, it is a long process in which you receive no money for a long time, and then none at all unless approved. And emphasizing all I have said about this issue, if you've already worked the p.t. hours, do not quit.
 
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