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Connecticut: Employer not willing to give pink slip

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  • Connecticut: Employer not willing to give pink slip

    What a great site! I've been researching and trying to find information on particular Connecticut labor laws and I'm hoping someone here can help me.
    (Actually it's information that I'm looking for that will help my husband)

    My husband has been a mechanic for the past 18 years. He's worked for this particular employer for the past 4 years. This emloyer acutally recruited him for two years and he finally accepted with this employer promising him medical beneifits and a rate of 25.00 an hour.

    He never did get the medical, but he is under mine so that was fine. For the past 6 months, the business has not been doing well and they haven't been getting the work. Another mechanic was laid off and my husband was the only one there. When there wasn't any work he was sent home. He has been averaging 22-32 hours for the past two months. The employer kept saying business would pick up and to 'hang in there'.

    Now this past Friday, the employer told him that he could only pay him by the job. My husband told him he couldn't live like that and asked for a pink slip. The employer refused.

    This employer is a real ******* to say the least and even at the beginning of Jan. he had a box put around the thermostat because he was saying he wasn't going to be paying a heating bill in excess of 1,000. So now he expects my husband to work with out heat in a freezing garage.

    I tried to call the unemployment and explain the story and they said he would have to file unemployment and have a hearing. They stressed one leaving employment voluntarily is not easy to get unemployment.

    Also I will add, unfortunately my husband did not have a written contract to wage and hours. We have his pay stubs for the past year which show how many hours and how much he was working though.

    Thanks for any information anyone can give me on what options he has with this employer and getting unemployment!

  • #2
    The employer is not required to lay him off just because your husband requests it. He can either stay with this employer, working when there is work for him and being sent home without pay when there is not, he can look for other work and quit when he finds it, or he can quit now and risk not getting unemployment. Those are his options.

    If the gaps where there is no work for him are long enough, he MIGHT qualify for partial unemployment benefits during those times, but only the state can say for sure.
    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.


    • #3
      My experience in CT unemployment matters suggest it is very likely that he would be deemed eligible for unemployment if he were to quit for the
      reason(s) stated.

      CT is generally a very liberal, claimant-oriented state when it comes to the interpretation of it unemployment laws. (The Board of Review, which oversees the entire process, is currently run by a former union attorney. )

      CT does post precedent-setting decisions on its website, but I do not have time to research right now.

      My only caution is that it is still possible that your husband may earn more money at the job, despite the current situation, than he would collecting unemployment.