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hours reduced by company

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chrisbowen27

Junior Member
What is the name of your state (only U.S. law)? Massachusetts
My employer reduced my F/T hours to 25 hours per weeks yesterday after 8 1/2 months of employment.
I asked about my vacation time - 6 days at 8 hours were given to me back in May (after 6 months of employment) Now they want to pay me 5 days at 5 hours?
Is this legal?
 


chrisbowen27

Junior Member
hours reduced

thank you for your rapid response. I could not determine the proper heading to enter this request.

so now what benefits must they provide?

Did I say I was 60 years old and the other administrative assistant hired after me did not receive an hours reduction?
 

chrisbowen27

Junior Member
thank you

thank you for your rapid response. I could not determine the proper heading to enter this request.

so now what benefits must they provide?

Did I say I was 60 years old and the other administrative assistant hired after me did not receive an hours reduction?
 

commentator

Senior Member
If you do not think this new job situation is acceptable, and you think there is some EEOC age discrimination issue, quit before you work at the reduced hours without benefits, even for one week. Working in this new position signifies acceptance of the situation. So then if you quit two or three weeks later, due to the insult, you probably would not be considered to have a good job related reason to quit for unemployment purposes.

But if you quit after you were told of the change, and you do not work the reduced hours, even for one or two weeks, then it may be seen as an effort to force you out, and you can file for, and probably have a pretty good chance of getting unemployment insurance.

But consider, if they can show that they are reducing hours across the board, due to the company's needs, stress, financial situation, not just as a mean-spirited effort to get you to leave, then you would not qualify for unemployment. And you'd be unemployed, at 60, where statistics indicate a poor prognosis for finding another good job.

There's another possibility. Go on and work the reduced hours, and file for unemployment benefits while you are still working, saying your hours have been reduced. If your hours have been reduced down to the point where you earn less in gross wages than you could draw in a week's unemployment benefits, then you are going to be able to draw partial unemployment while still working. Your state has a really high unemployment payment, so figure your hourly rate x 20 hours, and you may qualify for a little bit of unemployment to suppliment your weekly reduced wages.

Usually this will motivate the employer to either go on and lay you off totally or will cause them to up your hours again. Because if your hours are cut to below what you could draw in unemployment benefits, then you are entitled to them, and this will cost the employer in tax rates.

So the question is, is this move directed personally at you? Or is it a cost saving measure, a business decision by your employer based on other factors? That the other person in your same position did not get reduced hours is rather significant.

In regard to benefits, is there a policy at your employer that a person who works less than xxx number of hours is not eligible for benefits? I would believe this would be based on your company's policies, but others will know more benefits information than I.
 

cbg

I'm a Northern Girl
Neither Federal nor MA law (nor, for that matter, the law of any other state) requires them to provide any vacation, sick, or holiday time at all.
 

chrisbowen27

Junior Member
commentator - reduced hours

thank you, it is not mean spiritedness....the are in financial trouble and have been for many months, they are trying to turn it around.
 

commentator

Senior Member
So remember, any week that your weekly gross earnings is less than you could have drawn in unemployment benefits, you are entitled to partial unemployment benefits and the money you make from working all the hours they have available. So sign up, and report your earnings, and see if you can get part of your unemployment to make up for the cut in income.
 

chrisbowen27

Junior Member
GIVE me something I didn't negotiate?

@Zigner, Thank you for your comments, MA is an At-Will employment state, we have record high unemployment rates, a 60 year old female employee does not have the luxury of negotiating...the pickings are slim and none. I am underemployed as it is...the management positions have disappeared and are not being replaced. I do however still have mortgage, tax, utility, college tuition for my youngest son...I could barely make those payments with 1/2 the previous salary and am not sure what to do now....work 2 part time jobs? Many employees give benefits to part time employees. I was asking about the federal guidelines. This is a nationwide company with over 350 employees
.
 

cbg

I'm a Northern Girl
At the present time, there are no Federal requirements for paid time off benefits of any kind for private employers. There are also no requirements in any state for vacation, sick, or holiday benefits for private employers. A few states, and Massachusetts IS one of them, have laws regarding how earned but unused vacation benefits are handled at termination, but none whatsoever regarding how much time an employee gets. One state and one state only (and that state is not Massachusetts) has some very weak laws that apply only in very limited circumstances (not the circumstances listed here) on how vacation time is applied. Two, possibly three states, all of them in New England (and yes, MA is one of the definite ones) have laws regarding how an employee who works on a holiday is paid. Most if not all states require time off for jury duty but only a few of them (including MA) require that part or all of the time be paid. A few states require time off to vote; mostly unpaid, in a few states paid.

I could go on, but that seems to cover the majority of the poster's concern.
 

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