Constructive Dismissal?

[left_coast_punk]

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

I have worked for a company for 3 years. I was promoted twice within my first year to 2nd assistant manager. A perk of that job was health insurance benefits and 60 hours of vacation per year. During my second year of employment those benefits were taken away company wide and made only available to 1st assistant managers and store managers. I tried 3 times for a promotion, but was passed up for employees who were "more qualified" than me who I then was tasked to train. I decided that I would return back to school to pursue a degree. I informed my boss of this and she told me that it was ok to do that and that she would work around my schedule. When I enrolled as a full time student I had to take classes all day for Monday thru Wednesday and then had to be at internship 2 days a week (Thursday and Friday) as a requirement for one of those classes. I gave this schedule to my boss and discussed it with her prior so she knew my availability. She said that this was fine and we could more than likely work me on Saturdays and Sundays, and Wednesdays after I got out of class. I was fine with this, but knew I would be scraping by.

School then started, and I was scheduled for only Saturdays or only Sundays sometimes for just 3 hour shifts. I was thankful to be working, but felt like I was being deceived. I asked her why I wasn't scheduled for 8 hour shifts and was told because the company didn't have the hours, but there should be more to spread out in the following weeks. I accepted that and awaited my next schedule. I was once again scheduled for one day and for only 4 hours.

I decided to check into Unemployment and found out that I qualify for Training Unemployment Insurance since the degree I am pursuing will put me into a well paying job and is a approved program. I began receiving TUI which took some stress off of my shoulders and let work know my schedule was still the same and I was willing to work when I could. It has now been three weeks and I have not been on a schedule at all. I also learned that I was demoted to Sales, which is an entry level position, and my Key and responsibilities were taken as well.

I am diligent in calling in to see if the schedule is out for the next week, and still willing to work when I am able, but sometimes the schedule isn't released to me till Saturday at 7pm. I think that is cruddy because I cannot plan my weekend with my wife or take a trip far from my work because I do not know if I work on Sunday till 7pm on Saturday.
I have not heard from my boss in almost three weeks, and the schedule is given to me by her 1st assistant. I have also learned that they have hired 2 new employees.

I also receive calls from work asking if I can cover shifts when I am at school or internship. I have given them my availability schedule and also communicated that my internship is an important part of my school career and not optional, yet I still receive calls asking me to come in during those hours, much to the dismay of my teachers and those at my internship.
I feel like my employer is trying to push me to quit so then they don't have to pay me unemployment insurance, but I cannot survive as a full time student without it. I don't want to quit, but I don't believe what they are doing is right or legal and is starting to effect my outside life.

Does my situation qualify as constructive dismissal? Should I just suck it up and take it, or am I getting a raw deal? Any help is appreciated. Sorry for the long post. Thank you.What is the name of your state (only U.S. law)?

 

[cbg]

No, this is not a constructive dismissal, and they are not doing anything illegal. Your school schedule is not their problem; they have no legal obligation to schedule you for the hours you want; the time you want; or at all.

 

[Antigone*]

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

I have worked for a company for 3 years. I was promoted twice within my first year to 2nd assistant manager. A perk of that job was health insurance benefits and 60 hours of vacation per year. During my second year of employment those benefits were taken away company wide and made only available to 1st assistant managers and store managers. I tried 3 times for a promotion, but was passed up for employees who were "more qualified" than me who I then was tasked to train. I decided that I would return back to school to pursue a degree. I informed my boss of this and she told me that it was ok to do that and that she would work around my schedule. When I enrolled as a full time student I had to take classes all day for Monday thru Wednesday and then had to be at internship 2 days a week (Thursday and Friday) as a requirement for one of those classes. I gave this schedule to my boss and discussed it with her prior so she knew my availability. She said that this was fine and we could more than likely work me on Saturdays and Sundays, and Wednesdays after I got out of class. I was fine with this, but knew I would be scraping by.

School then started, and I was scheduled for only Saturdays or only Sundays sometimes for just 3 hour shifts. I was thankful to be working, but felt like I was being deceived. I asked her why I wasn't scheduled for 8 hour shifts and was told because the company didn't have the hours, but there should be more to spread out in the following weeks. I accepted that and awaited my next schedule. I was once again scheduled for one day and for only 4 hours.

I decided to check into Unemployment and found out that I qualify for Training Unemployment Insurance since the degree I am pursuing will put me into a well paying job and is a approved program. I began receiving TUI which took some stress off of my shoulders and let work know my schedule was still the same and I was willing to work when I could. It has now been three weeks and I have not been on a schedule at all. I also learned that I was demoted to Sales, which is an entry level position, and my Key and responsibilities were taken as well.

I am diligent in calling in to see if the schedule is out for the next week, and still willing to work when I am able, but sometimes the schedule isn't released to me till Saturday at 7pm. I think that is cruddy because I cannot plan my weekend with my wife or take a trip far from my work because I do not know if I work on Sunday till 7pm on Saturday.
I have not heard from my boss in almost three weeks, and the schedule is given to me by her 1st assistant. I have also learned that they have hired 2 new employees.

I also receive calls from work asking if I can cover shifts when I am at school or internship. I have given them my availability schedule and also communicated that my internship is an important part of my school career and not optional, yet I still receive calls asking me to come in during those hours, much to the dismay of my teachers and those at my internship.
I feel like my employer is trying to push me to quit so then they don't have to pay me unemployment insurance, but I cannot survive as a full time student without it. I don't want to quit, but I don't believe what they are doing is right or legal and is starting to effect my outside life.

Does my situation qualify as constructive dismissal? Should I just suck it up and take it, or am I getting a raw deal? Any help is appreciated. Sorry for the long post. Thank you.What is the name of your state (only U.S. law)?

While I applaud you for going back to school, it is not the legal duty of your employer to work around your schedule. If you cannot be available at the times they need you, or in the capacity they need you then you should look for other employment OR change your school schedule.

 

[left_coast_punk]

Thank you for the above comments. I figured that this would be the case, so I will just have to suck it up. Another question. Is there a certain amount of time that if they do not put me on the schedule that I would be considered legally laid off? Like if I have had 0 hours in 6 weeks, am I considered laid off by law when there are other, newer, people working shifts I am available for? I just don't want to quit, otherwise I lose my TUI, and I have been looking at other places, but none will work me with my availability.
Also, I forgot to mention that I was supposed to receive a pay raise and a review prior to me starting school. I was supposed to receive this 8/2010, and it never happened. When I mention it to my boss, she says she will get to it, but never does.
This company has a pattern of not firing employees, but cuts their hours so they quit. I think this is a ploy so ex employees get fed up and then quit and are not eligible for unemployment.

 

[eerelations]

Absent a written contract to the contrary, your employer is not legally obliged to give you a pay raise, even if your manager verbally said you would get it.

 

[swalsh411]

There is no such thing as "legally laid off" or "laid off by law" in the context which you are using.

If an employee has their hours cut they can file for unemployment and may or may not be eligible depending on a number of factors. A person who thinks they must be "officially" laid off before they can apply for unemployment is ignorant of how it works. (and it sounds like they are counting on this ignorance to save them money)

In your case, if you are not available to work because of school, your eglibility may be impacted. There is still nothing to lose by filing though.

 

[left_coast_punk]

I am not ignorant. If you read my original post you would have seen that I am on Training Unemployment Insurance because of the degree I am pursuing. It states that because of the program I am in I do not have to look for work while a full time student. I am indeed a full time student, I just have a job. If I did not have a job, I would still receive the same benefits. I have never been on unemployment ever until now and I have been working (hard) since I was 15. The rock and the hard place I am in is that I can't stand how this job is treating me, but am afraid to quit because I don't want to lose my TUI. If they fire me, I still get it. If they lay me off, I still get it. If i quit, I lose it. I'm upset because they are interfering with my school, internship, and outside life demoting me, and giving me no hours. It's almost as if I don't work for them at all, but am still tied to them for random 2 hour shifts when they should just let me go. I'm not a lazy person, like I said, I have worked hard for a long time, but I'm tired of this game it seems they are playing with me.

 

[cbg]

No. There is no specific length of time when you are officially and legally declared "laid off".

Additionally, it is a strange quirk in the law that the employer is not legally obligated to tell you that you have been laid off. Or even fired.

I hope that this is now clear to you.

 

[left_coast_punk]

@CBG
Thank you for your info. So if i get what you are saying right, they can pretty much keep me on the books until they feel like telling me I'm fired, or I quit? That's crappy, but if it's the law, it's the law and I must follow it. Looks like I'll just have to put up with it until they make a move, or until I finish school and start making the big bucks. Thank you very much for all of the info everybody has posted. It has helped me quite a bit.

 

[cbg]

That's exactly right, and I find it as strange as you do. But that is, nonetheless, how the law reads (or does not read).

 

[swalsh411]

@CBG
Thank you for your info. So if i get what you are saying right, they can pretty much keep me on the books until they feel like telling me I'm fired, or I quit? That's crappy

There is really no significant difference between a terminated employee and an employee who is just no longer on the schedule to work. The only difference may be "active" vs. "inactive" in their computer system.

What does it matter if they formally terminate you or not? Either way you're not working for them.

From an unemployment standpoint there is no difference in terms of eligibility between an employee directly told they are fired vs. an employee who is still "on the books" but is not being given any hours.

 

[left_coast_punk]

@swalsh411
I understand that either way I am not working for them, but it would bring me a sense of closure to know that they weren't going to schedule me anymore so I could plan for my weekend or go further from home than normal. As of right now I'm waiting on Saturdays, sometime till 7pm, to know if I work Sunday or not and it's a pain in my ass.

 

[commentator]

It may be a pain in your ass, but in order to keep it to where you are still "working all the hours available for you" you need to keep doing it as long as you can. Because if you do not, then depending on the type of certifications you make for benefits each week, you are probably going to have to report that you quit a job this week. The employer can't 'say you quit' as long as you keep checking, even if they have no hours for you, so they can't stop your unemployment. But you bet they'd try to get you in trouble, which is what they could do by reporting that you have quit their job if the circumstances are right for it.

Incidentally, they probably are hating that you are drawing unemployment, which is very likely affecting their unemployment rates, and would love to be able to stop you from drawing. So what is the downside to working if they have a little work for you? Wear them out, don't let them wear you out. Another way out would be to find another place to work part time. You can say you left this part time job to accept another part time job.

If they keep you off the schedule for a long time, stop giving you hours all together, eventually, what's the downside to calling and checking every week if it keeps you eligible for unemployment benefits? All this moaning and complaining you are doing about how difficult this is for you, how you have never received any unemployment before, how you are in full time school and they are really jacking with your social life, yada yada, is worthless to whether or not your unemployment is affected. You're just churning yourself up to make a big mistake.

Unemployment is based on some hard and fast standards. You were working part-time at this job when you were approved for unemployment insurance, regardless of what kind it is, and that fact was duly noted at the time of your approval. You are being asked to do a weekly certification of some kind to receive benefits. If the weekly certification is done by the training facility, that's cool. If it is done by you, and there is a question on there about whether or not you have quit a job or refused a job this week, then you would have to answer it honestly.

I strongly suggest that you talk with someone in the unemployment office, for example the person who did your claim for TUI and explain the situation to them before you start messing around with your personal sense of injury to the point that you quit this job. See what they advise you to do. If they say it will have no effect on your TUI, then you can certainly take their word for it, but not any of our guesses and responses to your arguments. I hope your sense of closure and desire to better plan your weekends will not cause you to do something that will take away your unemployment insurance.

 

[left_coast_punk]

No to be rude, but it seems that the last poster is misinformed. I'm not whining about working. I like working. Nor am I going to quit my job. I like working. I had questions that were already answered. If you noticed, I said even though I may not like it, I will just suck it up and continue to do what I have been doing. Does it suck if I don't know if I can be away from the area I work at for Saturday and Sunday to visit a relative? Yes, but I understand that must be done. I'm not crying to anybody or expecting sympathy. I just had questions and I felt like I should not only lay down the details of what happened, but thought it might be important, as sometimes it is in law, to also describe how certain events make me feel.

I was FULL TIME before I went to school as I was a Assistant Manager
I DO answer my weekly reports honestly and I am confused as to why someone might think otherwise.

Cbg, thank you for your most helpful comments. You have answered my questions to a T and help guide me to a good decision.

Commentator and Swalsh: I would suggest you read the whole forum (especially when it's not that long to begin with) before commenting. That way you have all of the currant details and talking points in front of you.