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Thread: restaurant worker needs advice Pennsylvania

  1. #1

    Default restaurant worker needs advice Pennsylvania

    Hi,

    I worked at a restaurant from the spring of '05 to the spring of '06 when I found a better job. In the fall of '08 the kitchen manager called begging me to come back and I decided to do so under the conditions I would only cook and I told them what salary I wanted. Now they want to cut everyones hours and have me in there the last 2 hours to cook, clean the whole place, wait tables, and run drinks. I was not hired to do this, and its basically impossible to do it all. The hours would be 1-3 p.m. right at the lunch rush. I read the following on the L&I website and hopefully someone can direct me in the right direction. Thank you.



    Due to Unsuitable Work
    When an employee accepts a position, he/she admits to the initial suitability of the position with respect to its wages and the conditions of employment. When a claimant quits because the job was unsuitable, the claimant must show there were changes in the conditions of employment, to which he/she did not agree upon, that made the job unsuitable, or there was deception on the part of the employer with regard to the conditions of employment at the time of hire, or he/she shall be considered ineligible. The suitability of the work will be determined by considering factors such as the degree of risk involved to the claimant's health, safety and morals; the claimant's physical fitness; the claimant's prior training and experience; the distance of the available work from the claimant's residence; the prevailing condition of the labor market; and, the prevailing wage rates in the trade or occupation.

  2. #2
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    What is your question?
    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.

  3. #3
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    Let me take a guess, just 'cause I feel like being nice today.

    OP, are you asking if you would get unemployment benefits if you quit rather than work the greatly reduced hours?

    Doubt it. You don't get to tell the employer what you will do and what you won't do. A task is not "unsuitable" just because you may think it's beneath you; now, that may not be what you meant, but it's sure how you're coming off.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

  4. #4

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    Quote Originally Posted by Pattymd View Post
    Let me take a guess, just 'cause I feel like being nice today.

    OP, are you asking if you would get unemployment benefits if you quit rather than work the greatly reduced hours?

    Doubt it. You don't get to tell the employer what you will do and what you won't do. A task is not "unsuitable" just because you may think it's beneath you; now, that may not be what you meant, but it's sure how you're coming off.
    No, thats not what I meant, but my employer has seen things my way and all is well again. Thanks anyway.

  5. #5
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    Were just out of luck Patty, we don't get to know what the question was.
    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.

  6. #6
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    Quote Originally Posted by CatBert View Post
    Were just out of luck Patty, we don't get to know what the question was.
    BWHAHAH!!!
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

  7. #7

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    Hey guys, sorry about the post I will try again and keep it simple because another co-worker is having the same trouble and you folks seem to know your stuff.

    I was re-hired as a cook(I told my employer I would come back but only to cook), now due to the bad economy my employer slashed our hours and wants us to do the cooking, dishwashing, waiting tables, and all the cleaning by ourselves during the lunch rush. If an employee quits do they stand a chance collecting UC? There really isnt any way for one person to be cooking and working a dining room at the same time. Thanks again!

  8. #8
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    OK, NOW we see the question.

    Probably not. The fact that a worker can't do both at the same time is, although unreasonable, not illegal. Nor is it illegal for the employer to assign other duties; it's happening a LOT in this economy. Problem is that our opinion at $1.56 will get you a large coffee at 7-11 and not much else. The DLI will not give an opinion over the phone, just "file and it will be reviewed". Of course, at that point, it's too late, because you've already quit. However, generally speaking, you don't get to decide what you will do and what you won't do; unless you have a bona fide employment contract where your required duties (and duties you can refuse) are spelled out, you do the tasks the employer gives you to do.

    You can file for partial unemployment benefits due to the reduction in hours.
    http://www.portal.state.pa.us/portal...=552117&mode=2 (about 1/4 of the way down the document)
    Last edited by Pattymd; 03-11-2010 at 04:32 AM.
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  9. #9

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    Thanks for the message. My co-worker and I was cut from 40 to 18 hours weekly, and now have been bumped up to 28, but our checks have bounced twice and last payday we had to wait a few extra days for our checks. We are looking for other work..........the best solution.

    Thanks again!

  10. #10
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    Yep, when your checks start bouncing & you get your checks late, it's time 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

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