My hours at work were 25-30 hrs and they were cut down to 6-10 I filed for unemployment for the missing 20 hours and my boss let me go cause I filed, Is that Legal?
2006-07-10 09:21:21 · 14 answers · asked by JAMIE R 1 in Politics & Government ➔ Law & Ethics
Now you can really file for unemployment even if you were fired.Go back to the unemployment office and file again if needed.If the first level deputy goes in favor of the company,appeal,appeal,appeal.When and if you win you will get a lump sum of your benefits,however,you must continue to look for work and keep it documented.You are entitled to benefits if you were fired for anything other than intentional misconduct.Intentional means willful and I don't think you are guilty of that.
2006-07-10 22:46:37 · answer #1 · answered by Elizabeth 6 · 1⤊ 1⤋
The people who think you can't file for unemployment benefits if you're working reduced hours are mistaken (as I'm sure you know; you find out that kind of thing when you file.)
Unemployment doesn't just cover "I used to have a job and now I don't." It also pays benefits for "I used to work 40 hours a week and now I work 10" and even "I used to make $23/hour, but they transferred me to a department where I make $8/hour," although usually even those make too much to get benefits unless the hours are very short.
It's probably legal for them to fire you; unless you've got some special contract, you can be fired for almost any reason. Not for "whistleblowing," or for filing a lawsuit on them.... but I don't think this is protected.
However, if they fired you for this, you should be able to continue getting unemployment, and get a bit more of it because you're working 0 hours instead of just a few.
2006-07-10 16:33:09 · answer #2 · answered by Elfwreck 6 · 0⤊ 0⤋
No, unemployment can reimburse you for this. Up to 20 hours if you are part time and your hours get cut. If your state is an at-will employment state, the employer can fire you for any reason he wishes, as long as it is within the guidelines of the employment laws in your state.
However, since you were fired, now you can still collect unemployment for 20 hours. The employer now has to pay more unemployment, and does not get the benefit of having your labor hours.
This varys in each state, check with the unemployment office, they can tell you.
2006-07-10 17:43:40 · answer #3 · answered by Christopher 4 · 0⤊ 0⤋
It depends on the laws of the state in which you work. I know in Wisconsin, you are legally allowed to file for unemployment if your work hours are cut by more than half. I believe an employer is not allowed to retaliate for that.
2006-07-10 16:26:31 · answer #4 · answered by LorgSkyegon 2 · 0⤊ 0⤋
It depends on what state, but in most it is probably legal. When you file for unemployment, your employer pays more money into Unemployment to pay for you being in the program, so in a way, by him firing you he made it impossible for you to get unemployment and therefore he does not have to pay for you to be on it.
2006-07-10 16:26:27 · answer #5 · answered by spdepew_1 2 · 0⤊ 0⤋
I will say this until I am blue in the face, "Yahoo Answers is a really bad place to get legal advice" People here will intentionally lie to you. "But your honor, this guy on Yahoo Answers said..." The judge will die laughing.
Now for a better approach: Ask the unemployment department or a lawyer.
2006-07-10 16:30:22 · answer #6 · answered by davidmi711 7 · 0⤊ 0⤋
Not only is it legal to fire you, you should be happy that's all that occurred. You could be jailed and fine or both. Unemployment is paid by your previous employers. So even though you were still working at reduced hours, it was in their eyes a sense of double dipping.
2006-07-10 16:25:18 · answer #7 · answered by Swordfish 6 · 0⤊ 2⤋
well, you were still technically employed, so I don't see how you could have filed for unemployment anyway. you file for unempoyment when you feel you have been fired or terminated unjustly. having your hours cut isn't being fired or terminated. sounds like you should have took the hint and found a new job to me, or filed a complaint with your state's labor board.
2006-07-10 16:27:03 · answer #8 · answered by Anonymous · 0⤊ 1⤋
call a lawyer in your area I believe it is not legal at all that's wrong all day long. Alot of lawyers have a free consultation. I would get on the phone asap.
2006-07-10 16:27:22 · answer #9 · answered by twinsmakesfive 4 · 0⤊ 0⤋
i assume you are talking US laws, in which case i dont know, but if you are talking UK, then no it isnt legal, as you are allowed to work up to about 20 hours per week, (or thereabouts) before claiming benefits
2006-07-10 16:34:25 · answer #10 · answered by greengunge 5 · 0⤊ 0⤋