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

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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

  • Betty3
    replied
    Feel better soon!

    Leave a comment:


  • Pattymd
    replied
    Originally posted by Betty3 View Post
    First post says same # of hrs. & same salary.
    Well, I'm on pain meds, I have an excuse.

    Leave a comment:


  • Betty3
    replied
    Agree, taking big chance quitting. First post says same # of hrs. & same salary.

    Leave a comment:


  • vidro3
    replied
    thanks for your help.

    Leave a comment:


  • Pattymd
    replied
    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, 04:00 PM.

    Leave a comment:


  • vidro3
    replied
    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.

    Leave a comment:


  • Pattymd
    replied
    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.

    Leave a comment:


  • vidro3
    replied
    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.

    Leave a comment:


  • Pattymd
    replied
    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.

    Leave a comment:

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