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  1. #1
    Join Date
    Sep 2013
    Posts
    1

    Default Employer is Trying to Avoid UI Responsibility

    My question involves unemployment benefits for the state of: Oregon.
    My employer has done the following already to another division of employees: An egregiously unacceptable "offer" is presented to an employee or class of employees...say, a 50% in salary cut...one which few employees would accept. Then it is stated further by the employer that "refusal to accept said offer constitutes your willful termination." Of course, at that point an employee refusing such offer would be quitting in the eyes of the company. The intent of the company is to avoid all possible Unemployment Insurance responsibilities.
    Inasmuch as the above stated has already happened once, I expect a similar outcome with myself and others shortly. How should I contest this with my state unemployement, and how should I prepare for this?

  2. #2
    Join Date
    Aug 2013
    Posts
    284

    Default Re: Employer Likely to Avoid UI Responsibility

    Most terminations are legal and if the employer wants you gone, legally they can make it happen unless they are really dumb. Now UI rules are very different from termination laws. UI rules are pretty pro-employee while termination law is very pro-employer. Only real dumb employers get in trouble with "wrongful terminations".

    Now looking at UI rules only, the basic rules are:
    1. Do not quit, make them fire you.
    2. File a UI claim whether or not you think you should get it.
    3. If the claim is decided against you, appeal at least once.
    4. Finally, if you do quit, you want a really good reason. In most states, a 50% pay cut would considered a really good reason. However, see #5.
    5. No sure things. Even if you have a really good reason by state-UI standards, the hearing officer is basically the Deity while the hearing is going and they can do pretty much anything they like. Listen carefully to everything the HO says, speak only when spoken to and NEVER interrupt the HO for ANY reason. Loosing is easier then winning. Do not give the HO a reason to dislike you. And do not assume that they are an idiot. They are vastly more experienced with UI rules and hearings then the other people in the hearing.

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Employer Likely to Avoid UI Responsibility

    As a quitter, the burden is on you. With paycuts, it's about how big a cut, can you prove that your pay was actually going to get cut, and by decisions what did you do to try to get the employer to change their mind about the cut.

    Just try to get things in writing as much as possible. If the employer doesn't give you a memo about the paycut, save your pay stubs. You want one showing your old-higher wage, and your new one showing your new-lower wage. Send emails telling them that you don't want a paycut and hope they reply so that you have proof you tried to get your employer to change their mind. Then don't wait too long to quit because that can be used against you as in you accepted the change. So when you have the first two proofs, submit a letter of resignation not for the employer, but knowing that it's going to be sent to the UI people. Don't say "I really liked working here and my life has gone in a different direction" because you hope to get a good reference. Say "I'm not working here anymore because you cut my pay, and if you change your mind, talk to me."

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