Can a company force its' full-time employees to take part-time positions and lose their benefits?

Question

A trucking company that my brother works for is going through a slow period, and is trying to get rid of full-time (by turning them into part-time) employees. First of all, it is a non-union company, so everyone there must look out for themselves. Secondly, he would lose his benefits, and take a pay cut by taking a part-time position. Would it be possible to collect unemployment if he refuses to take a part-time position? He would rather make them pay him for doing nothing if he is going to lose his health benefits anyway.

Answer 1

A Company can restructure itself and unfortunately can do a RIF (Reduction in Force). However, your brother should contact the local Employment Services to see what benefits are available. As an example, our Company has a contract in Montana and a handful of our employees hours were reduced because our contingency services ended... The State allowed for partial benefit pay out because of the reduction of hours. If anything, have your brother see if he can get partial payout of unemployment because of the reduced hours.

Answer 2

Yep they can! It happened to me! I took a position at a former employer that was supposed to be full-time with benefits. Shortly after that, they cut it to part-time with little benefits. They said it was a way for the company to save money. Unfortunately, there, any other full-time employee that quit, their positons automatically got cut to part-time. It's sad but true. They can get away with it and don't have to pay unemployment for the hours that the employees are missing out on.

Answer 3

this is a tricky question...there is something called "constructive discharge" which is the idea that a company makes things so unpleasant for its workers that the net effect is that they're fired, even if they technically still have jobs. I know when you collect unemployment you have to look for another job, but they don't make you take one with substantially less pay/benefits, and that's what's happening here. I feel sorry for your brother--hope he can find something else with a better company.

Answer 4

It's some kind of a paradox
Theoretically they can't
But they are actually doing it

It varies from state to state and from country to country

At the end, they simply do it.

Have you heard about "outsourcing", well it's something like that but 'in your face'

It is not that bad, sometimes the result is better than the closure of the company, but when they do that on purpose just to gain a little more and they are not actually in trouble is really negative and the result may be worse.

He can take the advantage to negotiate case by case because his performance will talk for him, he might even win.

Good luck.

Answer 5

Oh hell yes they can, it is a way to pay you the same money, but without insurance, less hours, no benefits....usually, the employees say no way and quit, and that is what that company is looking for so they don't have to pay unemployment

Answer 6

If you live in the South and in an "at-will" state, you have little or no recourse, unfortunately.

Move to New York or California if you want some rights as an employee. You're pretty much screwed in all other states, most especially formerly Confederate States, where there is no such thing as human rights in general.

Answer 7

Depends on the state. But yeah, they can do pretty much whatever they want to you.


Keep voting Republican, we'll all be working 90 hours a week for a dollar an hour pretty soon.

Answer 8

Unfortunatly yes they can. You can not collect unemployment unless you are laid off or fired.