Do I qualify for underemployment in Michigan?

I was working 40 hours a week
but all of a sudden the client
I was providing care for her
work decided she no longer
needed care. My office said
they have nothing available for
me and I am now considered on
call… So I went from 40 hours
a week to nothing. Under
Michigan law do I qualify for
underemployment?

Asked on June 5, 2018 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, based on what you write, you would. While the standard for underemployment is subjective, not hard-and-fast, generally going from 120 hours/3 weeks to 20 hours/3 weeks--or to only 1/6th the  pay--would qualify as underemployment. Certainly, based on what you write, there is no reason to not apply for benefits--you can apply in good faith, based on the facts as you describe them, and the worst that would happen is you are denied.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, based on what you write, you would. While the standard for underemployment is subjective, not hard-and-fast, generally going from 120 hours/3 weeks to 20 hours/3 weeks--or to only 1/6th the  pay--would qualify as underemployment. Certainly, based on what you write, there is no reason to not apply for benefits--you can apply in good faith, based on the facts as you describe them, and the worst that would happen is you are denied.


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