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  • Hour reduction

    I have worked in indiana for a restaurant a month short of 4 years. I have been a full time, salaried employee the entire time. 8 months ago I picked up a second job. Recently a employee meeting was held and we were informed that there would be hours cut, I spoke with upper management about putting me on hourly so not to cause cross over between the two jobs. A week later I was informed it had been done. Five days later I went into find the new schedule only had me down for one 6hour shift. I was planning going full time beginning of march at the other restaurant and ( because of friendly relationships with the general manager) gave a month and two week notice. Because my position gave me health insurance I had planned to have some teeth removed and was using the last of my vacation days (5) to do so. When I questioned the GM I was informed that I would have to get the procedure done within two weeks. A procedure that was supposed to happen in two parts, two weeks apart, scheduled February 1st. Plus, because of cut back at the second job I was unable to get hours until the positioned opened beginning of march. I still need a income!!

    My questions are: does extreme hours cutting constitute unemployment, is there at least a way to get . extended health coverage?
    I recently cut myself at work but did not claim workmen’s comp. nor do I want to. But can they request a urine sample after the fact, which I will pass.
    Last, since as of right now I have a lot of time off and may be able to get the procedure done in time with days off instead of vacation days, do they still have to pay me for those.

    Anything would help, I just found out tonight and just looking for options. Thank you

  • #2
    You can certainly apply for unemployment due to the hours reduction. I can't promise you that you will get it but there's certainly no harm to trying. Most if not all states have a provision for partial UI to be granted if your hours are cut but I don't know where it is in your state.

    I know of no law that will force the employer to continue your health insurance. You will be eligible for COBRA.
    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
      As far as the cut, I know it seems as if you are doing the employer a favor by not filing a claim, but honestly if it serious enough to mention in this forum, then it should have been reported. In regards to the drug test, I would refer to the employee handbook to see what company policy is on drug testing.

      I agree that you should at the very least apply for benefits, and COBRA regardless of the outcome of the workers comp incident.

      Best of luck!
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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