Boss said, "Find another job!" ...Now changed his mind & wants to compel me to 40 hrs

[Ladygreen]

Boss said, "Find another job!" ...Now changed his mind & wants to compel me to 40 hrs

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

Eight weeks ago, my employer told me that "it wasn't working out," that he wanted me to seek employment elsewhere and that "certainly I'd have a full two weeks if not more" to find another job. He wasn't dissatisfied with the work that I did. In fact, he even told me he'd write me a recommendation letter. It was simply a personality conflict. I work hourly and I told him that it would be easier to look for a new job if I shortened my work day. He agreed to allow me to work 30 hours a week and therefore I have been doing that for the past two months. During that time, I have been building a self-employed business in that spare time and was continuing to seek other part-time and full-time work.

I continued in my position and carried on with a good attitude and work ethic despite being wracked with anxiety and stress. My boss has me sit at a desk a mere 5 feet away from his desk (and his private bathroom) and it is uncomfortable to say in the least.

Now my employer is telling me that he's seen how I've handled myself in this situation and thinks he can make it work out after all. (He also changed my position with no comensurate pay increase.) He can no longer approve the reduction in hours and he needs me to come back full-time. I told him that I had already arranged to teach some students during my spare time. He said he'd give me a couple of weeks to get that in order.

My question is... Can I successfully file for UNEMPLOYMENT if he lets me go? Do I have ANY rights in this "at will" state?

(This is a small, blue-collar business. There are no unions. I don't have an employment contract. The owner doesn't write contracts for anyone and over the past year, I think I've observed why.)

 

[sandyclaus]

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

Eight weeks ago, my employer told me that "it wasn't working out," that he wanted me to seek employment elsewhere and that "certainly I'd have a full two weeks if not more" to find another job. He wasn't dissatisfied with the work that I did. In fact, he even told me he'd write me a recommendation letter. It was simply a personality conflict. I work hourly and I told him that it would be easier to look for a new job if I shortened my work day. He agreed to allow me to work 30 hours a week and therefore I have been doing that for the past two months. During that time, I have been building a self-employed business in that spare time and was continuing to seek other part-time and full-time work.

I continued in my position and carried on with a good attitude and work ethic despite being wracked with anxiety and stress. My boss has me sit at a desk a mere 5 feet away from his desk (and his private bathroom) and it is uncomfortable to say in the least.

Now my employer is telling me that he's seen how I've handled myself in this situation and thinks he can make it work out after all. (He also changed my position with no comensurate pay increase.) He can no longer approve the reduction in hours and he needs me to come back full-time. I told him that I had already arranged to teach some students during my spare time. He said he'd give me a couple of weeks to get that in order.

My question is... Can I successfully file for UNEMPLOYMENT if he lets me go? Do I have ANY rights in this "at will" state?

(This is a small, blue-collar business. There are no unions. I don't have an employment contract. The owner doesn't write contracts for anyone and over the past year, I think I've observed why.)

I'm thinking you can file, but that you are unlikely to qualify.

You asked for the reduction in hours for personal reasons - to make it easier to find a new job. They are now saying no that they have sufficient work in your current position to justify full-time hours. You haven't been terminated; if you leave now, it would be voluntary.

I could be wrong. Either way, you should file anyway.

 

[cbg]

The owner doesn't write contracts for anyone and over the past year, I think I've observed why.

Perhaps because only about 5% of non-union employees in this country have contracts, and that those who do tend to be high-level management?

 

[swalsh411]

So you're asking if you can unemployment if you are given a full time schedule that you are unable to work?

Not a chance.

 

[commentator]

Agree. Your chances for getting approved for unemployment are based upon not being let go for a valid job related reason. If your employer had said, "This isn't working out, you have two weeks to find something else" and then you had been terminated at the end of the two weeks, you'd have qualified for unemployment easily. He was the driver, it was not due to any misconduct on your part, and you'd have signed up. At that time, of course, to receive unemployment, you'd have stated that you were able and available and actively seeking FULL TIME work. Only those in certain protected activities such as agency sponsored training are exempted from this requirement.

If you now at this point refuse to change your work schedule to full time, and the employer terminates you, and you file for unemployment insurance, your chances of approval are very very small. You're the one who's decided they do NOT want the full 40 hours that are being offered to you, simply because you've made other arrangements for yourself. Why should the employer be obligated to pay higher unemployment taxes for this reason? He has work for you to do, you just choose not to do it. If you quit the job because he wants you to go back to full time, you'll have no chance of approval for benefits either. You're the driver in this action, you're the one who wants to keep working part time, and you don't get to decide that, the employer does.

And then, of course there's the issue of whether or not you'd be able to draw benefits IF you were approved, because you seem to indicate that you are not able and available for other full time work. I'd go back to full time, work things out with my other businesses, and then either quit when the self employment workload was sufficient that I didn't need additional income, or manage to work two jobs.