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  1. #1
    Join Date
    Mar 2009
    Posts
    2

    Default Employer Trying to Deny Benefits Due to "On Call" Shifts

    My question involves unemployment benefits for the state of: Oregon

    I am scheduled for a regular shift (m-f 7-3) at my job, which has been slow lately, and i have been getting "laid off" on a daily basis. There are two other shifts at my job, (swing, and graveyard), and my employer is trying to deny my unemployment benefits because they say that there is work available during those other shifts (on a daily basis, not scheduled). They only give 4 hours notice before one of these shifts. This would theoretically make it so that i needed to be available to work 24 hours a day, and be on uncompensated on-call status for the rest of my life. I have kids, and my wife works also, which makes it impossible for me to drop everything on short notice and accept a non scheduled shift. If my employer wants to switch my shift to swing or graveyard on a permanent basis, then i could arrange my other responsibilities accordingly, but not on a day-to-day basis. Do i have any rights here, or grounds to fight this??

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,443

    Default Re: Employer Trying to Deny Benefits Due to "On Call" Shifts

    You have the right to appeal a decision if it goes against you.

    Likewise, your employer has the right to contest benefits if he feels it warranted.

    The state will decide.

  3. #3
    Join Date
    Mar 2009
    Posts
    2

    Default Re: Employer Trying to Deny Benefits Due to "On Call" Shifts

    cbg, thanks for the reply. I need specific info if possible about the concept of "on-call" work. Logically, a person cannot be "on call" 24 hours a day, but this is exactly what my company is suggesting, if i am to be eligible for unemployment. This company has attempted to deny my benefits in the past for other reasons, and I won my appeal with the State of Oregon, but this time I need some additional ammunition. To me, it would seem that no work on my shift equals unemployment? Any ideas?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,443

    Default Re: Employer Trying to Deny Benefits Due to "On Call" Shifts

    You do not have a "right" to guaranteed work on one shift and only one shift. The law does not say that you cannot be on call 24 hours - plenty of people do so. It will be the decision of the state - not you, not me, not your employer - whether or not "no work on your shift" constitutes "no work" for unemployment purposes.

    I have no way of knowing what they will decide.

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