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Urgent Help needed please (for my mother)

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asdfsystema

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

Hi all,

My name is Kenneth Chui. I'm 16 year old and I am a new member of this forum and I would like to ask experienced people for help.

The situation is that my mother's workplace has been suffering because of the economy. business has been poor and I was recently fired. I worked part time. But aside from that, my mother is experiencing a lot of difficulties in the workplace. My mother works full time and she has been told by her boss that she will have to start working part time and also paid less. This is a bookstore, not a government funded library. I am wondering if this is legal at all? It seems fishy to me ... the boss also told my mother that she will have to sign a paper and I am unsure at this moment of what to do so I really need help. I believe that if she changes from full time to part time, she will not be paid any compensation if my boss decides to fire her after she's part time.

I do not know my mom's boss' motives and I really want to know what the possible steps I should take right now.

Thank you in advance for your help,
 


Antigone*

Senior Member
Kenneth,

I know times are hard and it is so admirable that you are worried about your mom and her job. New York is an "employment at will" state. This means that employment relationship can be terminated at any time for any reason.

I'm not sure about the paper your mother is being asked to sign. If she has any concerns about signing that document she should seek the advice NY Dept of Labor.

New York State Department of Labor - WP Contact Us

Take care, ana

also...please delete the other post. It is customary to keep related questions in the same posting.
 

asdfsystema

Junior Member
thanks for the reply.

and sorry, i will delete that other post. i was just desperate.

by employment at will , can my moms employer make her work part time instead of full time? can she also lower the initial wage at any given time? if so, can my mom request to be fired so she can receive some sort of compensation?


thanks a lot
 

anteater

Senior Member
by employment at will , can my moms employer make her work part time instead of full time?
Yes.

can she also lower the initial wage at any given time?
Yes, as long as her wage rate is not decreased retroactively - that is, for hours already worked. The employer only needs to notify the employee that the wage rate is being decreased before any hours are worked at the lower rate.

if so, can my mom request to be fired so she can receive some sort of compensation?
Well, yes, she can request it, but the employer does not need to grant the request. However, I'm not certain what you mean by "compensation." The employer is not obligated to provide any compensation when an an employee is fired (other than for hours already worked).

Mother can contact the unemployment bureau in New York to see if she is eligible for partial unemployment insurance compensation since her income is being decreased due to the cut in hours.
 

asdfsystema

Junior Member
Thank you anteater and Wirelessany1, both of you have been great help.

I am unsure but isn't there an unemployment thing that my mother can apply for if she has just been fired ? I think it was something like getting paid $200 for a month for nine months?

also , Can you explain this partial unemployment to me please ? what are the requirements and benefits of it ?

Thanks a lot
 

anteater

Senior Member
I am unsure but isn't there an unemployment thing that my mother can apply for if she has just been fired ? I think it was something like getting paid $200 for a month for nine months?
Yes, if she were fired or laid off, she would be eligible for unemployment. However, employers pay for that unemployment insurance. And how much they pay is, in part, determined by the amount of claims that former employees make. That is why, unless business becomes very bad, the employer is unlikely to simply accept a request to be laid off.

also , Can you explain this partial unemployment to me please ? what are the requirements and benefits of it ?
That was a suggestion to check out. Here is the NY DOL website.

New York State Department of Labor - UI Homepage
 

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