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  1. #1
    Join Date
    Jul 2010
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    4

    Default Are Reduced Hours Good Cause for Voluntary Quit

    My question involves unemployment benefits for the state of: Massachusetts

    I have an appeal hearing coming up next month and I'm preparing now for it. Long story short, I have compiled my last two (Outstanding) reviews along with the last 11 weeks of pay stubs showing that, although I was employed for full time, 40 hours a week, the store manager was cutting my hours to as little as 28 one week, 35 other weeks. Full time employees are guaranteed 40 hrs minimum, and with the previous store manager I was averaging 45 hours a week.
    I have a dependant infant at home and I could not afford to continue working a job that would not give me 40 hours. This reduction of hours was due to the store manager and the store manager only. My direct supervisor and the district managers were not approving this reduction of hours.

    It's noteworthy to mention that during my phone interview, I discussed how the store manager harassed me via a threat to fire me (with witnesses present) and several threats to write me up for non-compliance in something that was not my job to do in the first place. These issues, while true, will probably not help me win my hearing.


    Please let me know if you think I am in the right, and/or will win my hearing. Also, should I bring up the harassment or is this not important? Thanks!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Good Cause for Voluntary Quit - Reduced Hours

    On what basis are you claiming that full time employees are guaranteed 40 hours a week? There is no law in MA (or any other state) that says so. Do you have a contract to that effect?

  3. #3
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Good Cause for Voluntary Quit - Reduced Hours

    Having already left the company, I don't have access to any policies regarding full time employment and I did not sign a contract when I began my employment. However, it was well known throughout the company (Home Depot) that no full time employee could be cut below their 40 hours. This is from discussions we had with ASMs (Assistant Store Managers), HRMs, DMs, etc. Generally, the managers would cut part time associates because they could do so whenever they needed. All full time associates were "asked" if they wanted to leave early because they could not order them to leave before their 8 hour shift was up.
    Wish I had more information on this topic to share with you. I may request additional information from the HR team.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Good Cause for Voluntary Quit - Reduced Hours

    Here's the problem.

    There simply is no law that a full time employee CANNOT be dropped below 40 hours. There IS NO such protection anywhere in the US, and that is quite certain for Massachusetts. NO SUCH LAW EXISTS.

    If you did not sign a contract that guaranteed you such protection, then you do not have it. Period. Since there is no such law, the ONLY way it would be true that an employee COULD NOT be dropped below 40 hours, would be if a contract specifically says so - and you say you did not sign a contract. It doesn't matter what everyone "knows" - that protection simply does not exist unless there is a contract to that effect.

    It is conceivable (unlikely, but possible), that the company handbook is poorly enough worded as to constitute a contract, but only a Massachusetts attorney who has read the handbook (assuming there is one) in full, can say if there is any chance of that.

    Legally, an employer CAN be told to leave early. If the company chose to ask for volunteers, that's fine, but there is no such prohibition in law. Again, such a protection could be provided in a contract, but you say there was no contract.

    Many, many people operate on the assumption that a company policy is legally binding, and that because the company does it this way, it MUST be because they are required to by law. This is not the case. It sounds as if you and your colleagues have been assuming that because the company prefers to ask for volunteers, it must be because they CANNOT require people to leave early; that because every effort has been made, successfully for some time, to ensure that full time employees always get 40 hours a week, it must be that they are required by law to see that full time employees always get 40 hours a week. But that is NOT required by law; you do NOT have a contract that provides that protection; and I assure you that the DUA is well aware that no such provision exists in law.

  5. #5
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Good Cause for Voluntary Quit - Reduced Hours

    Thank you for that fast reply! I assure you that my colleages and I didn't just assume that management did not cut us below 40 because of some law but because of middle and upper management specifically stated "we cannot give you less than 40 hours", or when I inquired about the store manager cutting my hours from 40 to 35, the district lp manager replied "No, he can't do that. I will speak with him"...
    But I understand what you have presented here. Thank you for your knowledge and time.

    I still plan to present this cut in hours, as well as other relevant information, during my UI hearing. Basically, quitting this job was the best thing I could've done for myself and my family. No worker should be subject to reduced hours, harassment, and threats.
    Thanks again for your insight!

    Also, could you help me with any employment laws in my state or in the country? I would like to educate myself on this little known topic.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Are Reduced Hours Good Cause for Voluntary Quit

    Good luck to you. It's possible that the DUA may take that into consideration. But no matter how many times the employer said, "we can't", the fact of the matter is, they can. So you want to go in describing company policy, making sure you do not present it as a legal requirement.

    Hope it goes well.

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