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  • Change in job, Can I Quit and Collect Unemployment? - New York

    Is it possible to be eligible for unemployment insurance benefits if I quit my job due to a change in the working conditions and/or role?

    For several years I was considered a professional employee. I worked an 8 hour, 9-5 day, 5 days a week in an office as a writer, journalist, and marketing assistant.

    Now, my firm has asked me to act as a crossing guard. This involves a change in hours, 7am-10am (though I still work in the office the remaining 5 hours of the day) and environment, I have to stand outside directing vehicles and pedestrians. I received no training or certification to take on these new duties.
    My salary and rate remain the same.

    Can I quit my job under these circumstances and still receive Unemployment Insurance benefits?

    I appreciate any guidance you can give.

    Thanks

  • #2
    Maybe. I agree that the change is a MAJOR change in working conditions. The problem is that even the state won't give an opinion before the fact. They'll tell you to file and they'll make a decision; of course, by that time, you've already quit.

    Now, you CAN file for partial benefits due to the substantial decrease in weekly hours.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      it's actually the same number of weekly hours.
      now it's 15 hours out on the street, 25 hours in the office.
      I don't have a job description, as far as I know, so I suppose the company could hide behind that.

      Another tidbit is that since I am not certified in any way I believe they are in breach of contract for the work we are doing for this client.

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      • #4
        OK, I misunderstood. In some states, a major decrease in compensation can qualify you (not in my current state of PA, for example), but I don't know about NY.

        Certified for what? Unfortunately, that has nothing to do with your employment status.
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        • #5
          oh yeah, not really relevant I guess, but you know, you can't just take a random person and say, "umm you, go direct traffic."
          We tell our clients and City agencies that our employees have taken sanctioned/accredited training classes.

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          • #6
            Originally posted by vidro3 View Post
            oh yeah, not really relevant I guess, but you know, you can't just take a random person and say, "umm you, go direct traffic."
            Is there a state law you can cite saying that? Are you an employee of a government entity? Directing traffic where?

            Since you didn't take a pay cut, you're more SOL than I originally thought. And your chances, IMHO, just went down. It's a change in duties, nothing more (although, agreed a major change).

            If you quit, you're taking a big chance.
            Last edited by Pattymd; 12-20-2010, 05:00 PM.
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            • #7
              thanks for your help.

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              • #8
                Agree, taking big chance quitting. First post says same # of hrs. & same salary.
                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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                • #9
                  Originally posted by Betty3 View Post
                  First post says same # of hrs. & same salary.
                  Well, I'm on pain meds, I have an excuse.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Feel better soon!
                    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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