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New York: Full-time employee cut to part-time. Am I eligible for unemployment?

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  • New York: Full-time employee cut to part-time. Am I eligible for unemployment?

    I currently have a job, that I have been at for 5 years. I was a full time employee, at 40 hours. My employer has decided he must cut hours to survive. He has cut my hours from 40, to as little as 6-12 hours. I work a minimum of 2 days, but up to 4 days maximum. My 2 co-workers have gotten a increase in hours. I am the highest payed employee out of the 3 of us, and I get payed by the hour.
    I feel like 2 things are occurring. First, he is trying to avoid paying unemployment by not laying me off. Second, He is trying to make me quit by dropping my hours.
    If I leave based on unfair work conditions (depriving me of work) Would I be eligible to recieve unemployment in New York state.

  • #2
    You generally don't get UI benefits if you quit. You can apply for partial
    UI benefits due to a reduction in hrs.

    You might also want to look for other employment.
    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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    • #3
      Being a NY employer myself I can add a little more specific information. Unemployment here is based on a four day week. What this means is that if you work any part of four or more days in a week you get no unemployment. You get the full benefit if you don't work at all, 75% if you work one day, 50% if you work two days and 25% if you work three days.

      You are very unlikely to get any unemployment if you quit for reason of reduced hours. I recommend that you apply and get whatever partial benefit to which you are entitled for the reduced hours and then use the free time to look for another job where your experience will be valued.

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      • #4
        worked 6 hours last week

        Originally posted by sol65 View Post
        Being a NY employer myself I can add a little more specific information. Unemployment here is based on a four day week. What this means is that if you work any part of four or more days in a week you get no unemployment. You get the full benefit if you don't work at all, 75% if you work one day, 50% if you work two days and 25% if you work three days.

        You are very unlikely to get any unemployment if you quit for reason of reduced hours. I recommend that you apply and get whatever partial benefit to which you are entitled for the reduced hours and then use the free time to look for another job where your experience will be valued.
        Basically my employer wants me to quit. He cut my hours by 75%. He increased both my co-workers by 35%. In the past 5 years my co-workers have never worked this many hours before. I've never worked so few hours. So if an employer wants to get rid of a full-time employee, and not be responible to pay UI; He can basically starve them to the point where they quit. This doesn't sound right.

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        • #5
          I wouldn't quit - you generally don't get UI benefits if you quit. Apply for
          partial benefits & look for other employment while still employed at your
          current employer.
          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


          • #6
            Agreed with the other answers.
            1. Do not quit. This helps your employer and hurts you.
            2. File for UI while still working based on the reduced hours. It works or it does not, but there is no reason for you to not try.
            3. Start looking for a real job with another employer NOW! Worse case is your current employer gets made and fires you. Which makes you eligible for UI. The state likes people who look for jobs. Especially when their hours gets cut. The state does not like people who quit.

            I understand that part of all of the above is not what you want to hear, but it is the truth.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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