If I’m working full time but my hours have got cut quite a bit, can I file unemplyment without getting in trouble?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’m working full time but my hours have got cut quite a bit, can I file unemplyment without getting in trouble?

Work less than 32 hours a week. Wages are $14.28. I have never claimed before and I am intimidated. I am worried that if I file that my employer will try to deny benefits and/or retaliate. I just don’t want to get in trouble and get fired.

Asked on May 9, 2012 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issue is not how many hours you are working per se, but how much your hours (and therefore wages) have been cut from what you had been earning. If you are earning sufficiently less than you had been previously, you may be eligible for partial unemployment benefits (as long as you are working, you will not be eligible for full benetifs). If you were  cut from 40 to 20 hours, say, there's an excellent chance you'd qualify; if you were cut from 35 to 30 hours, you would not.

The best way to find out what you might be eligible for, and hence whether its worth putting in a claim, would be to contact your state's Employment Security Division, whether over the phone or online, and see how the eligibility rules apply to your exact situation (prior hours, current hours, etc.). Below is a link to an their webpage:

http://nvdetr.org/esd%20pages/ui%20eligibility.htm


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