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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

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.

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