Can an employer demote a salaried employee to an hourly employee and then cut their hours to part-time just to make the employee quit so that they’re ineligible to collect unemployment?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer demote a salaried employee to an hourly employee and then cut their hours to part-time just to make the employee quit so that they’re ineligible to collect unemployment?

Asked on November 4, 2015 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes the employer can do this, so long as there is no written employment contract preventing this: otherwise, an employer has full and free discretion over employee hours and compensation. However, if your pay is cut sufficiently, that may be considered being "constructively terminated," or having your job changed so much for the worse it is equivalent (more or less) to being fired. There is no hard and fast number for what constitutes constructive termination in terms of reduced pay, but if your weekly pay has been cut by 1/3 or more, you may well be able to quit and still collect UI. You may wish to call the labor department to discuss the matter and see if they can provide some guidance about your specific case.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption