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Constructive discharge question in Massachusetts. Massachusetts

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  • Constructive discharge question in Massachusetts. Massachusetts

    I work at home on an internet database for an insurance company that inspects property and does audits for multiple companies. I log on to the database, enter the information on the request that the customers e-mail and then upload the request to the database. My employer turned off the function that enables me to upload requests and then reprimanded me for not uploading the requests. I have sent her an e-mail asking her to restore this function. I know that this is not a database problem as others that work for the company can upload. Also, my hours have been cut from 40 hours a week to 10 hours a week in the last 7 weeks. Do you think I have a legal right to file for unemployment stating constructive discharge?

  • #2
    I think that if your hours have been cut from 40 to 10, you can file for unemployment NOT on the basis of constructive discharge, but on the basis of the fact that you've lost 75 percent of your hours. BUT that is on condition that you continue to work those 10 hours. The state does not generally pay people to quit so that they have no income instead of some income.

    I do not think that an issue with remote access to the data base is sufficient for a constructive discharge, no.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Instead of quitting since you may not get UI even in this case if you quit (you normally don't get UI if you quit with some exceptions), continue to work but apply for partial unemployment ins. benefits. Most states allow partial UI benefits for a drastic reduction in hours. If your employer stops your hrs. completely, then you can file for full benefits.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        jinx, cbg.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment

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