Position Downsize (Grant Based)

[fedup123]

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

Not sure how to proceed with this one...

New department head is reorganizing my department. This reorganization involves me losing my full time job for a possible new part time position. To make matters worse, this person called me on my day off to tell me this. This person advised me that, because the department did not get enough grant funding, the department cannot afford a full time person in my position.

Neither the job description nor my offer letter indicated my position was grant-based. HR has temporarily stopped this but now no one is telling me anything. It has been a month since the department head told me this. All of my plans are now in limbo because I have no idea whether or not I will have a job tomorrow, next week, or next month.

Because of the position, and the company, I would prefer not to go the legal route but they aren't leaving me with too many other options. Any suggestions on what I should do?

 

[Zigner]

When/if your hours are reduced, apply for unemployment. You have no basis for "legal action" against them.

 

[eerelations]

What legal route? Unless you have good solid evidence that they're downsizing you specifically and directly because of something prohibited by law, such as your race, gender, religion, disability or age etc., then this downsizing action is perfectly legal. In addition, there are no laws requiring employers to tell their employees that said employees' jobs are grant-based (or not as the case may be). There are also no laws requiring HR or anyone else to discuss this with you or answer your questions. Finally, it's not illegal to tell employees on their days off that they are being downsized sometime in the future. Stupid and annoying maybe, but not illegal.

I don't see any "legal route" here.

 

[swalsh411]

Legal route for what? You have no case.

You have the legal right to file for unemployment if you are terminated.

 

[cbg]

Agree with all of the above. Google, at-will employment

 

[commentator]

There was never a time when you had complete security that your job couldn't change, be done away with, or that you'd have it for any certain period. So really, your peace of mind about how long the job would last, what it would be, the confidence you had before you were called on your day off and told this, that was really an illusion. People believe they have more rights and job security and protections than the labor laws of this country allow.

If your job is cut to part time, and you absolutely do not wish to work part time, even until you can search for another job, then do not accept this, resign at the point when your hours are cut and your benefits are changed (if so).

For unemployment benefits purposes, if you accept the part time, work at it for any length of time and then quit because you can't make enough, or you'd draw more in unemployment, quit for any reason, you will have very little chance of unemployment insurance approval while you look for another job.

But if, at the time you are told, "Your job is reduced to part time, beginning Monday" you at that point quit the job, you will have a better chance of being approved to draw unemployment benefits while looking for the next job. Or you may decide to go on and work part time for them until you are able to find something new.

I suspect that the reason you have been told about this is so you can begin to hunt up another job. It would probably relieve them if you went on and moved to another position somewhere else without their having to let you go or reduce your hours. These sorts of operations hate to pay unemployment benefits.

If you work, and your gross weekly income is less than what your weekly unemployment benefit would be, you may be able to file for partial unemployment benefits while still employed part time. But that would mean that your gross income for each Saturday through Sunday week (regardless of how your paychecks come to you, monthly, bi weekly, or whatever) would have to be something less than $405, which is the maximum benefit you could draw a week in your state if approved.