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Can I get unemployment if wages cut 50%?

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ancalagonblack

Junior Member
I live in NY. My company is downsizing. They told me they will keep me on full time but will cut my pay from $25/hour to $13/hour. They will not lay me off because they don't want to pay unemployment benefits. However, I commute an hour to work, so gas prices alone are killing me, and I have two children to support. I know I can't get benefits if I quit, but I also cannot live and support my family, or continue to commute, for $13/hour. I am going to look for another job, but the pay cut goes into effect on January 1. Can I get any unemployment in this situation?
 


I live in NY. My company is downsizing. They told me they will keep me on full time but will cut my pay from $25/hour to $13/hour. They will not lay me off because they don't want to pay unemployment benefits. However, I commute an hour to work, so gas prices alone are killing me, and I have two children to support. I know I can't get benefits if I quit, but I also cannot live and support my family, or continue to commute, for $13/hour. I am going to look for another job, but the pay cut goes into effect on January 1. Can I get any unemployment in this situation?
Possibly but with the reduced wage still being so high and them still offering you full-time employment it is doubtful. Why can't you look for another job while you're still at this one? You'll find it much easier to find a job while you already have one.

How about trimming your lifestyle back? Carpooling? Taking the bus or train?
 

ancalagonblack

Junior Member
Possibly but with the reduced wage still being so high and them still offering you full-time employment it is doubtful. Why can't you look for another job while you're still at this one? You'll find it much easier to find a job while you already have one.
I can and will. However, I only have 6 weeks and I am terrified. What I am wondering is, is a 50% pay cut considered a good enough reason to quit and still be able to get unemployment? Considering the one hour commute (driving alone is unavoidable due to my location and hours)? After this pay cut, considering taxes and gas, I will be making in the teens. I cannot meet my financial and familial obligations on that salary.
 

cbg

I'm a Northern Girl
No one here can give you a guarantee that if you quit you'll get unemployment. What's more,even if you could, $13 an hour times 40 hours still grosses at $115 a week more than the maximum NY state benefit, and there's no guarantee that you'd get the maximum. IMO, you are much better off continuing to work at the reduced wage, filing for partial unemployment based on the reduced wage (which, also IMO, is much more likely to be approved than if you quit outright) and looking for another job.

See what Commentator says.
 

ancalagonblack

Junior Member
I did not even know there was such thing as partial unemployment. That sounds like a great solution. Do I contact my local unemployment office to find out more?
 

cbg

I'm a Northern Girl
Yes, although I can't imagine you do anything differently than you would if you were out of work.

FYI, you will never, regardless of whether you are asking for full or partial benefits, be given a definite, "yes, you will be eligible" or "no, you will not be eligible" from the UI office until you have filed a claim and they've investigated the circumstances. By all means talk to the UI office about the procedure to file. But if you're looking for confirmation that you can definitely get benefits for the reduction in wage, you won't get it until after you've filed and they've talked to both parties (you and the employer).
 

LdiJ

Senior Member
Wow...I bet this company won't even be in business much after January 1. How can they expect to get any real productivity out of employees whose moral will be so low that they are unlikely to care? Even if their expectation is that the existing employees will quit over time and therefore allow them to hire at the lower level, it would amaze me if they get anything remotely close to the productivity they get now.

I have seen too many companies make similar mistakes.
 

commentator

Senior Member
From the southeastern United States where I am, $13 an hour is a darn fine wage. Many places have been cutting pay lately. Thank goodness we have minimum wage laws still in place.

That his salary has been cut from $26 an hour may be a terrible shock to the OP, but really, the amount he could draw in unemployment benefits, even if he qualifies for the maximum in NY state, is going to be less than his weekly wage while working even at $13 an hour. In other words, Sunday through Saturday, gross wages, if he gets $13 an hour for 40 hours of work, that's $520.00 grossed in a week. This is more than the NY maximum benefit by over $100 So no, partial unemployment insurance isn't going to be an option for this guy after the first of the year.

In order to receive partial benefits, you have to have worked and made less in gross wages than your weekly benefit amount would have been. This is not going to be an option for you. They don't consider how much it costs you to work or what your commuting expenses were. This is gross wages only, for the hours they have available for you. If it's more than your weekly benefit amount would be, then you cannot get partial unemployment.

If he only worked say two days in that week, and made $208 in gross wages, then he could file for partial unemployment. They'd allow some and then pay a suppliment up to the amount he could draw in weekly unempoyment benefits. But if he works full 40 hour weeks, even $13 an hour is enough that he'd not qualify for partial benefits.

To quit the job because his wages have been slashed in half and be approved for benefits,....it is possible to be approved under these circumstances. Not a shoo in, but quite possible. The employer has dramatically changed the basic hiring agreement.

But as so many people have pointed out, you'd be making less in unemployment benefits than you'd make working, are you sure you want to go this route while looking for that next job? If you're positive that there is a job out there that you can get that pays much more than $13 an hour, that the job is not available for you to go to now, but will be there after the first of the year, that it is just too costly for you to continue working at the old job at the reduced salary after it goes into effect....even if you're not sure you'll be approved for unemployment benefits, not sure you'll find that new job soon...then perhaps you'll choose to quit the job. As I said, there's a fair chance you can be approved for benefits under these circumstances.

If this is your choice sure that you wait until the last minute, until you have drawn out everything you can possibly get from them at the current pay rate. You don't want your employer to say you quit because of an unjustified rumor, or that they weren't really going to do that, but you just quit anyhow. Keep all the paperwork, any explanation of plans they've put out, email or paperwork regarding the planned pay reduction.

Then, and this is VERY IMPORTANT, don't work at all for the new reduced salary. Formally leave the job, be very plain with them about why you are resigning. DO NOT work for any length of time at the new reduced rate. To do so would be acceptance of the new pay terms, and will make it much harder to get approved for unemployment benefits.

Then file a claim for benefits in the first week you are not working. Explain to them, and present paper documentation if you can get it, that your employer cut your salary in half to encourage you to leave and avoid paying unemployment insurance benefits. You will have to wait several weeks for the unemployment insurance system to process this and approve or deny your claim, with no income during that time. You'll have to register for work and make many worksearches during the weeks you're drawing. If you don't find anything soon, you'll find yourself having to consider jobs that do pay quite a bit less than you were making.

If you really think you can do better soon, you'll have to consider all these options and make your decision. Remember, once you've worked at the reduced wage, there's no changing your mind and quitting and being approved to draw unemployment.

If you don't have a union contract, there's really nothing legal to prohibit an employer from slashing wages like this,but honestly, I hope you can soon find another job and move on. As someone said, they've practically announced to the housetops that they don't value you and don't give a care whether they have a dedicated and motivated workforce or not.
 
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justalayman

Senior Member
To quit the job because his wages have been slashed in half and be approved for benefits,....it is possible, but as so many people have pointed out, you'd be making less in unemployment benefits than you'd make working, are you sure you want to go this route while looking for that next job?
Given the costs of transportation, I can see where it might be a betterment to be on UI, of course depending on the actual costs of transportation.

The big problem with that, even if it would be a betterment;

no guarantee of UI benefits being approved

no guarantee of a job before benefits are exhausted

edit to add:

as of the moment, the federal extensions on UI are slated to expire at the end of the year. That means, when the state UI runs out, that's the end.
 
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cbg

I'm a Northern Girl
I commute four hours a day so I get it too, but I see the same potential pitfalls as JAL.

Is public transportation a possibility? And if so, how does the cost analysis work out?
 

ancalagonblack

Junior Member
I would love to take public transportation. However, I live in a rural area that just doesn't have it, and I go in at 5am, so finding someone to commute with is nigh impossible. And to that the fact that I go in at different times and leave at different times depending on what they want from me, and it's not really happening. I have 6 weeks, so I hope something comes through and I don't have to worry about UI. It's all very scary. I appreciate all the excellent advice you've given me.
 

justalayman

Senior Member
Six weeks? You said the pay cut goes into effect Jan 1. That's 10 weeks. Not that it solves your dilemma but it gives you 4 more weeks of the higher pay rate.
 

ancalagonblack

Junior Member
Yes, 10 weeks, since they are still going to give me the vacation that I have never used, so I can push it to January 1. Sorry, my bad.
 

commentator

Senior Member
Oooh, this makes me feel hinkey about this situation. BE SURE you save any written communication you have with the employer about this threatened pay cut, copy any emails immediately, keep any documentation you may have about their intention to cut your wages. Be sure if it was all verbal, that you are firm on dates when it was said, and who else it was said to that could back you up. Because what they very well may do is, when contacted by the unemployment system, tell them that you resigned, they paid out your vacation time, and they don't have a clue what you're talking about with this supposed pay cut! That you must've made that up, they never had plans to cut your pay. It could certainly happen.
 

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