maclover214
02-03-2007, 08:05 PM
Here's the breakdown. My employer hired me in April of 2006 and I was hired as part-time and entered full-time employment within 2 weeks. Summer is our busy time and I worked overtime w/o pay b/c I was told if I tried to get overtime they would reduce my hours substantially. So I let it go because I am raising my son as as single mother and needed this job. I'm still employed and now the owners (husband and wife) have left for the next 2 months. The schedule came out and my hours were reduced to 12-20 hours a week. Totalling 8 days in the month of March and 13 days in the month of March. Will I be able to get unemployment from them? I've worked consistently since April. They didn't tell me my hours would be reduced, she told me over the phone that she was disappointed in me and the other full-time employee. However, she's hiring a new full-time employee in March. Can they do that and if so will I be able to get partial unemployment? And if they disagree with unemployment can I still fight it? I have to take care of my son and am desperate! Help! Thanks!
On unemployment you have to be available for full time work (40 hours a week).Even with reduced hours,if you are not available for full time employment you would not qualify.
JoeC
That's not necessarily true. In my state if your hours are substantially reduced you can get partial benefits. You do have to be looking for full time work, but you can work part time and get partial benefits. I know; I've done it.
There is no harm in applying, in any case. The worst that can happen is that you're turned down.
Pattymd
02-04-2007, 05:29 AM
And why haven't you filed a claim for your unpaid overtime? There is a statute of limitations for doing so. Firing you or taking other adverse employment action against you for doing so would likely give rise to a wrongful termination case.
maclover214
02-05-2007, 06:45 PM
Back when they threated me about the overtime thing, they said they'd definitely reduce my hours if I complained. They wouldn't fire me but they'd cut my hours down then. And if I filed for the overtime they'd fire me and I'd still be in the same position I am now. Proving otherwise is quite hard in my opinion. How would I prove they didn't fire me just because. I've learned I can be fired for any reason. I am available for 40 hours of working and I am looking for another job. My resume is posted on Michigan works and I've applied to 4 jobs in the last two days. I'm worried about not being able to qualify for partial unemployment. The owners/bosses are out of the country for the next 2 months.
Pattymd
02-06-2007, 03:31 AM
Courts see through the subterfuge all the time. The employer said they would cut down your hours if you complained. If you complained, and they did so, it seems pretty cut-and-dried to me.
However, your choice. As soon as you find another job, then, please go file the claim for the unpaid overtime. I don't know long this has been going on, but you can go back 3 years in your state.
http://www.michigan.gov/documents/WH43_Employment_Wage_Complaint_Form_R6_29_05_14136 0_7.pdf