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  1. #1
    Join Date
    Feb 2015
    Posts
    2

    Default Can You Get Unemployment if Reduced from Full Time Employment to Part Time on Call

    My question involves unemployment benefits for the state of: New York




    My husband was hired as a full time handyman in union 32BJ building in July 2014, with a promise to join the union in 2-3 months. Super stated he can apply for union membership when they get an OK from the Board of Directors (co-op building). The building & the board of directors holds monthly meetings, and each month he was asking his super if his union membership was discussed and each month he was getting "next month". December & january meeting were cancelled and after february meeting, he was terminated due to minor complaints from tenants (when confronted by my husband he could only list one minor complaint). The super stated it's not his choice, that he likes him and he is doing a great job, but that's what the office decided and his hands are tied. The super told him he can become a part time "on call" employee, there are about 3 other on call employees hired by the building. My husband filled out a complaint with the union & the union contacted the office. I turns out he should be paid $6 more per hour(!) per the union contract & he was eligible for union membership & benefits after 2 months of employment. After the complaint, the super approached my husband and said he never "fired him" and that he can remain employed part time on call if he wishes, if not he is the one that is resigning. This looks lik a normal practice of the building. My husband needs a full time job & believed the super will call him for an hour or two each day (1.5h commute) until he quits. Can this eliminate him from being eligible to receive unemployment benefits? We are 100% positive the employer will fight when my husband tries to apply for unemployment benefits. We are totally new to unemployment process and his last full time day is next week. Can someone please help?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Unemployment Insurance Eligibility - Full Time Employment to Part Time on Call

    Refusing work could make him ineligible for benefits.

    I suggest that he confirm, in writing, to his employer (and the super) that the employer stated that he was not fired but was offered a reduction in hours and that he accepts that reduction in hours.

    He should send the letter signature return receipt to the employer's office and to the super and also hand a copy of the letter to the super in the presence of a witness, preferably one who will photograph him handing over the letter. He should make sure he keeps a copy.

    Then, next week, immediately after his last full time day, he files for unemployment (or partial unemployment) based on the substantial reduction in pay.

    While all that is going on he should be looking for another job as they will figure out a way to fire him at some point.

  3. #3
    Join Date
    Feb 2015
    Posts
    2

    Default Re: Unemployment Insurance Eligibility - Full Time Employment to Part Time on Call

    He was told its on call, which means whenever they have something for him they will call him and nothing in writing will be provided. It's total BS. The building is doing this on purpose to complicate UB claim. He doesn't want to accept, because this may reduce his chances of getting UB after all.

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

    Default Re: Unemployment Insurance Eligibility - Full Time Employment to Part Time on Call

    The first time he does not work a full week, he needs to file for unemployment. He does not need to be laid off or fired before he can do so. But if he quits, that's more or less the ball game.

  5. #5
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Unemployment Insurance Eligibility - Full Time Employment to Part Time on Call

    When your employer makes a substantial change to your employment arrangement, then whether you accept or not, makes a big deal with your UI. NY has a terrible partial UI formula. Work a day, even as little as 5 minutes, and that is a day of work, and you lose 25% of your UI check. Your employper is playing games. You were FIRED from your full-time job, and you may or may not chose to accept the new part-time, on-call position. So long as you don't work one day at the reduced hours, then you'd almost certainly be eligible, but once you agree to the reduced hours, then that becomes your job. Once you accept a job, you then don't just get to quit and except to get UI benefits.

    NY will make a determination as to whether a part-time, on-call postion is suitable so the more info you have about what they are offering the better. NY will consider whether the conditions of work are prevailing so if others that do that type of work are tradtionally full-time, then a part-time, on-call offer would be less than prevailing and unsuitable. NY will also consider the time, distance, and cost of the commute, and the amount received in remuneration and if it's out of line or not worth it for what others doing similiar work get, then the job can again be ruled unsuitable.

  6. #6
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Unemployment Insurance Eligibility - Full Time Employment to Part Time on Call

    FILE THE CLAIM. Forget getting any sort of verification or agreement or information from the employer. Let the unemployment system do this. After being FIRED from a full time job, you are in NO WAY obligated to continue the work relationship with them or lose benefits. It is not considered suitable work that you have refused if your employer fires you, and then says, "Oh, by the way, if you want to you can come back and work for us on call." As it has been pointed out, they know that if they do that, and you do accept the on call occasional work, based on the way NY figures it, it will greatly reduce your benefits.

    I repeat, always, let the unemployment system make all these decisions, don't try to have everything figured out before you begin the claims process. You do not have to go in and tell them how to do their jobs. And many many times, if you delay filing to obtain the predictions of people on the internet, you have messed up by not filing quickly, or by working at the undesirable low ball part time thing they have offered you, even for a minute. Or like someone here recently, you develop a misconception of how the claim must be taken and end up telling them to just keep their lousy benefits, etc.

    But for sure, I tell you, DO NOT accept and work at this part time on call thing. This is just the employer trying to evade the whole unemployment process. If you were fired for a valid misconduct reason related to your work performance or a circumstance, then they should not want you back part time and on call either. Regardless of the prevailing wage and all those other factors, their offering you this employment part time after firing you for a supposed valid misconduct reason is not a valid job offer of suitable work. It is nothing but a shady way to try to stop you from drawing at all.

    Of course they will "fight" the claim. That does not mean they will prevail, or that you shouldn't file the claim. It just means that they will be out some money if you do draw benefits, so no matter what the circumstances, the company doesn't want you to draw and will usually try all sorts of evasive tactics. The unemployment system has seen it all before.

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