What are my options. New York

[deardiary]

So, our company has it rough times. It's on the verge of going under. A few weeks ago, I was told I was getting laid off... only never actually was.

However, things are still getting worse and worse. It was requested on Friday that we 'sit' on our paychecks for a few days, as there was currently no money to pay us. It's looking like we'll be asked to hold this weeks checks as well.

A few of us also had our hours cut. From 40 to 30, for me. However, now I'm being told by others that they intend to do this for several weeks. I'm beginning to think they are trying to force us to quit, so we won't be eligible for unemployment.

There are a number of reasons why I won't just quit. I had decided post-layoff talk to just do my best while I was there and let whatever happen, happen. I do have a back-up plan, but can't really see it through without unemployment benefits.

I know there is absolutely nothing I can do about having my hours cut, but if I quit on account of their failure to pay for time actually worked, would I be still be eligible for unemployment benefits?

[DAW]

I am not a UI expert, particular not a NY UI expert, but quitting always reduces your chances of qetting UI. Not eliminates the possibility but reduces the possibilities. At the end of the day, you tell your story, the employer tells their story (or not) and the state then gets to decide what the state wants to do. If the state wants to turn you down, and it saves them money if they do, then they can just stop listening to you once you say "quit". Assuming this happens, you can and should appeal, but there are no sure things here, other then quitting reduces your chances of getting UI.

Your best bet, is to not quit, but to start looking for a new job now. What is your worst case? That your soon-to-be-former employer fires you for looking for a new job? The worst case if you are fired for looking for another job looks better then the best case if you quit. The state UI people are much more likely to qualify you for UI if you are fired because you are looking for a new job then if you quit for any reason.

[James Stewart]

You would be eligible for unemployment if you leave for "good cause".

Since your employer is flagrantly violating the law here (and in a major way), you really shouldn't have to worry.

If you want to cover your bases, report them to the Department of Labor. That will then give you protection from retaliation if they fire you, or if they try to claim you quit for some other reason.

Your employer has to pay you on a frequent and established basis. They have to pay you either every two weeks, or twice a month. If they fail to do this they are BREAKING THE LAW.

You are being taken advantage of. It sounds like you're on a sinking ship, as well.

It's a judgment call. If you can find another job, do so immediately. If you find it necessary to get onto unemployment you need to look for work anyway in order to keep your benefits.

Your company going under is no excuse to not continue to try to find work, either.

[cbg]

First off, this post is over a month old and the likelihood is that the situation has been resolved.

Secondly, unless you yourself work for the NY UI division, you cannot say with absolute certainty what will happen. There could easily be factors of which we are unaware.

[mcarson87]

If the employee is not getting paid, it is quite likely that they will be granted UI upon quitting. By the way even a unemployment agency employee could not (and likely wouldn't) say for certain who will and will not be eligible for UI, despite what cbg might say.

[cbg]

Well, no, not if someone calls and asks the question over the phone, or in an e-mail.

But ultimately, they are the ones who will make the final decision.