Boss cut down job to minimum!

[elina2010]

What is the name of your state (only U.S. law)? CA.

I am sking this for a friend of mine. He doesnt have a computer.

He worked for this boss for about 18 months as a truck driver.
A few weeks ago the boss told him it was going to be cut to part time.
10 days ago he was told there was no work for 3-4 weeks. Today he was told that he was not fired cause boss did not want to pay unemployment. So the boss was going to throw out a "bone" here and there.
This guy is going to be homeless cause of this. Has no car no family. Boss also hired a new driver for much less money.
Any advice cause this sounds very unfair and heartless.
Thanks for any reply.

 

[Proserpina]

What is the name of your state (only U.S. law)? CA.

I am sking this for a friend of mine. He doesnt have a computer.

He worked for this boss for about 18 months as a truck driver.
A few weeks ago the boss told him it was going to be cut to part time.
10 days ago he was told there was no work for 3-4 weeks. Today he was told that he was not fired cause boss did not want to pay unemployment. So the boss was going to throw out a "bone" here and there.
This guy is going to be homeless cause of this. Has no car no family. Boss also hired a new driver for much less money.
Any advice cause this sounds very unfair and heartless.
Thanks for any reply.

Nothing illegal about it.

 

[OHRoadwarrior]

He has a CDL and can be with an OTR company, living in a truck, within 2 weeks.

 

[ecmst12]

He can file for unemployment though. Right away. If the employer offers any jobs, he should take them and report what he earns when he files his claim for that week, in the meantime he should start looking for a new job, and he can collect unemployment while he does that, and not starve.

 

[sandyclaus]

What is the name of your state (only U.S. law)? CA.

I am sking this for a friend of mine. He doesnt have a computer.

He worked for this boss for about 18 months as a truck driver.
A few weeks ago the boss told him it was going to be cut to part time.
10 days ago he was told there was no work for 3-4 weeks. Today he was told that he was not fired cause boss did not want to pay unemployment. So the boss was going to throw out a "bone" here and there.
This guy is going to be homeless cause of this. Has no car no family. Boss also hired a new driver for much less money.
Any advice cause this sounds very unfair and heartless.
Thanks for any reply.

He can STILL file for unemployment if he is getting fewer hours than he has normally been working. My son's situation is similar, except for the "boss doesn't want to pay unemployment part". He is still TECHNICALLY employed by the same company he's worked with for over 5 years, but there just aren't enough hours to go around to all the staff.

He would be considered UNDEREMPLOYED, and still required to be available for work and looking.

If the boss decides to challenge his unemployment, he will have to justify why he keeps him on the payroll and doesn't give him any hours.

 

[elina2010]

Thank you for the replies.

There is work The boss just hired a "cheaper" person.
So the boss "throw" out a $ 50 job last Monday.
Instead of making $400-500 a week . He made $ 50 that week.
The boss is waiting for him to quit instead of being laid off/ He is looking for a new job. kind of hard without a car though.Since a lot of employers want the employee to have a car.

 

[cbg]

If the boss believes that he cannot collect unemployment unless he is officially laid off, then the boss is wrong.

 

[sandyclaus]

If the boss believes that he cannot collect unemployment unless he is officially laid off, then the boss is wrong.

Precisely the point I was trying to make. But it sounds better coming from the likes of you

 

[ecmst12]

He does not need to quit or be "officially fired". He's available for work and not working. That's all he needs to file.

 

[Betty]

He shouldn't quit but start looking for other employment. He should definitely file for UI benefits due to the reduction in work time.

 

[OHRoadwarrior]

He does not need a car to be an OTR driver. He also does not need a residence. He will be living in a truck.

 

[commentator]

He needs to file for unemployment benefits, like weeks ago, he should have filed, and needs to keep filing any week he hangs on at this job before finding a new one. Any week that your earned wages (gross, not net) are less than what you could have made in weekly unemployment benefits payment, you are eligible for a week of "partial" unemployment benefits.

This means that you report the gross wages, say $50, and the system pays you what you are eligible for in unemployment along with the earnings. Yes, the boss is sadly wrong. He can actually, legally starve someone out like this, but not without the person qualifying for unemployment insurance benefits. Because any week he gets them lower than unemployment insurance would've paid, they're paid that week anyhow. What companies sometimes do is figure up how much the person would be able to draw a week in unemployment and drop them down to just above this amount, which is probably still quite a bit lower than what they were making.

Most people believe they have more employment rights than they do, until it happens to them. Yes, it's perfectly legal for your boss to suddenly decide that they don't give a hoot about your economic situation.It's perfectly legal for them to dump you and hire someone else. The only thing you have going is that if they do not have a valid work related misconduct reason to terminate you or cut your hours, then they must allow you to draw unemployment, can't stop you from it. That's right now, as long as the protections of the federal government hold us to the program. (My state is already whacking at it diligently.) This could be subject to change on down the road in all states, but right now, it's in place.

There are other jobs to get, and the employee can hopefully get another before they go under completely. The employer is already tremendously powerful in these economic situations. Before unemployment insurance, the power to starve their employees into compliance was even more blatant. Absent a contract, the employer only has to pay at least minimum wage for the hours worked, and is not required to give any certain number of hours to any employee.