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  1. #1
    Join Date
    Jun 2020
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    1

    Default (Covid-19) Being Called Back to Work Part Time

    My question involves labor and employment law for the state of: New York

    I have a question regarding plans my employer has for reopening of a restaurant in NYS.
    The plan is to call back his employees for 3 days of work a week averaging between 25 and 28 hours a week. This would effectively increase the workload of each employee (per day) by reducing the amount of time each employee has to complete their tasks (also due to a reduction in amount of staff )

    The logic being that the employees will be able to retain partial unemployment benefits (including the $600 expanded benefit while in effect) while also saving the employer a significant amount on labor.

    I was wondering if this is ethically or legally acceptable? Also what rights employees would have in this situation?

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

    Default Re: (Covid-19) Being Called Back to Work Part Time

    I was wondering if this is ethically or legally acceptable?
    It's both.

    Also what rights employees would have in this situation?
    In this situation? None. If you refuse the work you might lose any unemployment benefits you have now.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: (Covid-19) Being Called Back to Work Part Time

    Quote Quoting adjusterjack
    View Post
    It's both.



    In this situation? None. If you refuse the work you might lose any unemployment benefits you have now.
    I am not entirely sure that you are right AJ. If the restaurant got a stimulus loan that throws things off.

  4. #4
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: (Covid-19) Being Called Back to Work Part Time

    Quote Quoting Julm
    View Post
    Also what rights employees would have in this situation?
    The employee can refuse the job and go through the "refusal of work" adjudication. NY has stricter criteria than most any other state. It's based on what the employee did BEFORE Covid, and what they are being offered now.

    If the employee was a tipped server, i can almost bet the job is "substantially less favorable to the individual than what is prevailing in the locality."

    I disagree that you can make a blanket statement that "this would effectively increase the workload" because I doubt the employer is going to have the same number of customers. However, it might really affect the pay rate, shift, arrangement of hours, and a bunch of other factors that are much easier to prove and just as valid to complain about.

    The employer might also find that phone numbers no longer work and/or the employee "moved." In the first case, you can't really make an official offer of work and have it be refused if you can't contact the employee. In the latter case, the former employee can refuse it because it's now "too far." Once the employer-employee relationship was severed (and it doesn't take much), the former employee was free to move on with their life, and not stick around waiting on the employer or provided updated information.

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