Moved from Full-Time employment to Floating

[spankatron]

What is the name of your state (only U.S. law)? California

I was a full-time employee for my company at a distribution warehouse when they suddenly decided to shut down the facility with a month notice. They had Management and HR come in and speak with us to deliver the news; after which they told all of us that we would be ok and would take care of us. Over the course of several weeks, HR came in and spoke to us individually to see what we wanted to do. Of course, I needed a full time position to pay for my tuition and living expenses (especially since I just bought a house.). However, at the end of the month, they told me that they didnt have a position for me full time but said that I would be a floater between stores, "potentially" getting 3 days a week. This also happens to be the amount of days I need to work in order to retain my benefits. They listed me as a "Traveler" by mistake and are now asking me to take that position (I would be away from home weeks at a time, all over the state.), or else they cant promise me hours. I feel like they are trying to force me to take it even though I dont want to travel.

Are they allowed to switch me over to Floater without my consent? Are they allowed to force me to be whatever they need me to be? Is it possible to decline that and claim partial unemployment?

PS- Yes, im currently looking for another job but CA is competitive in my line of work.

 

[FlyingRon]

They do not need your consent to change your job or even to fire you.
If you have a decrease in hours in full time you can be eligible for partial unemployment benefits provided you meet the other requirements.
You can also possibly qualify for full unemployment if you decline the new position and they fire you.

 

[cbg]

Unless you have a legally binding and enforceable contract or CBA that expressly and in so many words says that your job is X and that cannot be changed, they can make your job anything they want it to be at any time and not have violated a single law. The only exceptions, and I am only putting this in for the purists since it does not apply in this case, would be if they wanted you to take a job that required a license or certification that you did not have, and even then they could require that you get the license or certification. Changing your job from full to part time is absolutely within their rights and it does not require your consent. (It goes without saying that I am talking about legal activity - obviously they cannot legally require that you do something illegal.)

Whether you can quit and receive unemployment is in no way a black and white answer. You might be better off working what hours you are given and applying for unemployment for partial benefits in the weeks that you earn less than an unemployment claim would give you. But please pay close attention to what commentator (note - NOT chyvan, whose conclusions on what is and is not possible within the UI system are often questionable at best - commentator is the one who worked within the UI system for decades and really knows her stuff) tells you and follow her advice.

 

[Chyvan]

I needed a full time position to pay for my tuition

This will be your biggest hurdle in collecting unemployment.

and living expenses (especially since I just bought a house.).

Don't ever say this to a UI worker. You'll make it sound like you quit because your job didn't pay enough, and that's disqualifying.

Are they allowed to switch me over to Floater without my consent?

Yes, but you have to be smart enough to tell them, "no," if it's not something you want especially if it's not suitable for you.

Are they allowed to force me to be whatever they need me to be?

"Force," is a pretty strong word. They can tell you that the traveler job is the only one available, and you can just stop coming to work.

Is it possible to decline that and claim partial unemployment?

You really don't want partial UI. It's usually a huge ripoff to the claimant and can cause problems later.

You have to understand what is happening to you. You are being fired from the job that you HAD, and from your story, that looks qualifying. You are then refusing a job that may or may not be unsuitable, and then you got that school thing going on, so it's iffy you'll still remain qualified.

Refusing work at locations "too far" from your house is ok because it would be unsuitable. However, if you start going to those places, you start to set the precedent that you accepted to do that then it's suitable because you agreed to it. Going to school between the hours of 8 am and 5 pm Monday to Friday will most surely make you not "able and available."

 

[commentator]

If you refuse the job completely, you will not be applying for "partial" unemployment, you'll be applying for full fledged unemployment because your place of work shut down. The jobs they are offering you are not equivalent to what you had, and you do not wish to travel, and you were not being required to travel at your current job. Your chances of approval may be pretty good in this case, but even so, there are some things that make unemployment less desirable than work most of the time.

If you have already accepted the part time floater work, worked as a floater, and you find yourself not getting but one or two hours per week, you can apply for and should be paid some "partial unemployment" to bring your weekly Sunday through Saturday gross wages up to what you could draw for a week's unemployment insurance.

This is assuming, of course that you have monetary eligibility to draw unemployment insurance. This means you have wages in the last 18months from covered employment sufficient to set up a claim. Any time a person is working all the hours their employer has available for them, and the gross wages they make in a Sunday through Saturday week (regardless of how you are paid) is less than you can draw in unemployment, they file for a part of their unemployment claim for that week.

If you have not yet worked at or accepted the new work, and really you do not think it will be enough or that you will be able to do the traveling, do not work one minute at it. If you have already worked in the new position, that means that you have accepted the terms and pay and conditions of the new position. If you quit after working at it, your chances of being approved for unemployment insurance are very slim. Your best bet in this case is to try to hang in there with the situation until you can find something else.

Tell them clearly that you did not agree to the travel positions. If they ask you to travel to somewhere, you can tell them that you cannot do it. It they want to, of course, they could fire you for refusing. Let them, your chances of being approved for unemployment in this case would be better than if you quit the job.

But I am not understanding exactly where you are in this situation. Have you merely been offered the part time floater position? Or have you worked at it? What do you mean by their having listed you as a "traveler."? You say this is enough work to keep your benefits with the company. This sounds like they are trying to work with you.

Unemployment benefits are a temporary stop gap supplementary insurance for those who are out of work through no fault their own. Usually even three days of regular work a week will be more than you could draw in unemployment benefits. You indicated you need tuition, which makes me think you are a student. Unemployment insurance sometimes does not work for students who try to arrange their hours of availability around their classes.

As someone pointed out, you may be better off continuing to work at this place for the very limited hours they are offering (also filing for partial unemployment any week they do not have much work available for you) and looking for another job than you would be walking away from the job altogether and filing for unemployment benefits.

After a claim is filed, it will usually take six to eight weeks to get started if approved even under the best of circumstances and then it will not be as much as you were making, will not last very long, and may also put requirements for work search activities on you that will interfere with your schooling.