If my job duties doubled beyond my scope, can I quit and get unemployment?

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If my job duties doubled beyond my scope, can I quit and get unemployment?

I have been working for a school for 4 years as a cafeteria manager.

The first year I had 2 employee’s, years 2 and 3 year 1 employee and this year I am alone. They made me in charge of the whole food service department. It trippled my workload. They had the janitor and secretaries help serve and then they hired a developmentally disabled person to work with me. I am stressed out and can’t keep up with my work load without taking work home to do for free. Can I quit and collect unemployment while

looking for a new job?

Asked on October 23, 2018 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you will not be eligible for unemployment. Employment is "employent at will" in this country; that means, among othe things, that an employer may make a job as hard, as challenging, as much work, etc. as it likes, and employees have no right to limit or restrict their duties, responsibilities, or work. An employee has to do whatever job the employer wants them to; given that employment is at will and you have no right to set limits on your job, if you quit because you refuse to do what they tell you to, that is considered a voluntary separation from employment and you would be ineligible for unemployment.
You also write that you are "takingwork home to do for free." If you are a salaried employee, that, unfortunately, is part of the job: salaried employees can be expected to work extra hours, work at home, work in the evening or on weekends, etc. without extra pay. If you are hourly, they must, however, pay you for all time you spend working, even if you do someon of it offsite.


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