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Hour Reduced 16 hours per week Texas

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  • #1

    Hour Reduced 16 hours per week Texas

    I have been cleaning apartment for a local complex for the past year. Today I was told they were going to cut my hours from 40 to 24 per week. I was told they would have a form for me to sign agreeing to the reduced hours. If I refuse to sign it, they will assume I am quiting and find someone else to work part time. I can't pay my bills working 24 hours per week. If I refuse to sign form, will I be able to collect unemployment while I look for another job? They are telling me refusing to sign form will be quiting and I will not be eligable for unemployment. I have been a good employee and have never been writen up or had any problems. The work has slowed down and they say they don't need me full time anymore. What are my rights? Do I have to take the reduced hours?
    Thanks
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  • #2
    Before I do into any research please allow me to ask you this...Is unemployment going to pay you more than working the 24 hours weekly? If the answer is no, then why are you considering not signing? You stated that you cannot afford your bills on 24 hours per week, is unemployment going to be better? Unlikely.

    My ADVICE is to continue working, while searching for employment elsewhere.

    To adress the question of the employer stating your eligibility of UI benefits, only the state can make that decision.
    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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    • #3
      reduced hours

      If I am going to have to look for another job, this may be a good time for me to make the move back to Alabama to take care of my elderly mother. If I can qualify for unemployment, it would give me some income while I look for another job in Alabama. I dont think its right for them to tell me to take cut in hours or they will consider I quit. They hired me for 40 hours and I left another full time job to come to work here. Are they right, do I have to take the reduced hours?

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      • #4
        Originally posted by txinspect View Post
        If I am going to have to look for another job, this may be a good time for me to make the move back to Alabama to take care of my elderly mother. If I can qualify for unemployment, it would give me some income while I look for another job in Alabama. I dont think its right for them to tell me to take cut in hours or they will consider I quit. They hired me for 40 hours and I left another full time job to come to work here. Are they right, do I have to take the reduced hours?
        This is an addition to your original post. If you desire to move to Alabama but collect UI from the state you live in, why not simply look for a job in Alabama while continuing employment.

        Are they right, do you have to take the reduced hours...Yes they are right and capable of reducing your hours if they so desire, no you don't have to take the reduced hours, nor do they have to continue your employment.
        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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        • #5
          No one on this or any other message board can give you a guaranteed answer as to whether or not this will be a sufficient reduction to quit and collect benefits. If you are looking for someone to carve an answer for you in stone, you're in the wrong place. ONLY the state can give you anything but a guess.

          However, even if you can, you need to consider the question CatBert asked you. In my state, which is not yours, you would need to be cut to 20 hours or less before unemployment would EQUAL what you would be earning on the reduced schedule, let alone exceed it. And while my state is not yours, my state is one of the most generous when it comes to unemployment; yours is in most employment law instances one of the least generous.

          Rather than quitting and expecting the state to provide you with an income while you look for another job, I would instead recommend that you accept the reduction in hours and apply for partial unemployment to supplement some of the balance. That has a much greater chance of being approved and will provide you with a greater income than your suggestion would.
          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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          • #6
            I would take cbg's suggestion & continue your current employment while looking for another job. You can generally get partial UI benefits for a significant reduction in hours.
            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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            • #7
              Should I sign paper

              Should I sign a paper agreeing to reduced hours? Why are they asking me to sign that?

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              • #8
                You don't have to sign, but neither do they have to have your signature to reduce your hours. Refusal to sign could end up with you being terminated altogether and it would be unlikely that you could get unemployment if you were fired for that reason.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Another factor

                  Texas law provides that otherwise eligible employees who resign from a job for good cause connected with the work are generally able to collect unemployment benefits while looking for suitable work. At one time, the rule of thumb in Texas was that a reduction in pay of 20% or more was good cause connected with the work.

                  Now, txinspect, the State of Texas may not pay unemployment benefits to an expatriate--one who moves out of the state to look for work. You'll want to take the advice offered to check with the State to ask about unemployment. The State makes the decision, and your employer's presumption about "resignation" does not matter.

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