Looking for work grounds for termination?

[JoJerome]

What is the name of your state?What is the name of your state? Arizona - or "As At Will As It Gets"

Occupation: Tour guide.

Environment: Our usually slow tourist season is bitterly slow this year. We are being cut to part time for the next two months, but are still listed as full time. I am expected to be on call every day in case something changes, work 20 hours/week, probably get paid 0-5 of those 20 hours.

Red flag: Manager says if she even suspects one of us is considering finding steadier work elsewhere "some day," (one month, one year, ever) it is grounds for termination. She's also advised that to collect Unemployment Insurance until work picks up again, "You'll have to lie and tell them you're looking for work."

Question 1: I understand and support the financial need for low turnover and I understand that legal or not, letting your employer know you're job searching is a sure ticket out the door. But I wonder if "employee was job searching" is actually legal grounds for dismissal or if they'd have to state something else (or nothing at all) to make it legal?

Question 2: Even if the above is legal (and I wouldn't be surprised if it is), is it safe to assume my employer has crossed a line by instructing me to lie to the government to collect UI benefits?

If so, it's a fine line and good luck proving it, right?

Thanks to all for your time!

 

[SuzieWahoozie]

Answer #1: An employer can fire you for seeking employment elsewhere...and it's perfectly legal.

Answer #2: Your employer telling you to lie in order to collect unemployment may be unethical, but it probably isn't illegal. However, keep in mind, your employer doesn't decide who can and cannot collect unemployment - the unemployment office does. True, your employer may appeal the decision to grant you unemployment, but my guess is all you'd have to do is show the UI people your check stubs showing the substantial decreases in hours/pay and your employer would be hard-pressed to prove you were not deserving of unemployment - and the burden of proof falls to the employer. Whether or not the UI people expect you to look for work under these circumstances (cut in hours with expectation to go back to FT) is state-specific. Since I am not in AZ, I can't answer your question, but a call to the UI office should assist you.

 

[JoJerome]

That's what I thought

That's what I thought.

On the one hand, my employer is encouraging us to file for UI - at least, once several people learned of its existence and asked the boss why she didn't tell us.

On the other hand, I'm filling out the paperwork and UI is asking if I'm actively looking for alternate work, which I'm assuming is required to qualify.

It's the 21st century and I am faced with either lying to the government or risking termination to collect UI benefits.

That's not a complaint, just a sigh and a comment. ;-)

 

[Beth3]

Your boss is being a dope by threatening to terminate anyone she suspects of looking for other employment but that's not illegal. You might ask her when you run short of money for basic living expenses how much she's prepared to help you and your co-workers out.

File for UC benefits and start looking for work elsewhere. Most folks can't live on sporadic wages. Don't lie to the UC office but feel free to lie to your boss if she demands to know whether you've been applying for work elsewhere. She's a jerk.

 

[dogwood]

Ive always

understood that 'on call' w/o pay was illegal, have I learned differently?

 

[Beth3]

That depends entirely on what constitutes "on call" status for each employee. If an individual can generally go about their customary life and personal business in spite of his or her being on call, the time need not be compensated.

 

[dogwood]

ok

man was I ever taught wrong...Thankyou