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If my employer is not giving me any hours but i'm not fired or laid off can i get unemployment?

Discuss Labor Laws

If my employer is not giving me any hours but i'm not fired or laid off can i get unemployment?

Postby caffar » Sat Apr 02, 2011 4:13 pm

I went from reduced hours approx 16 hours per week to getting no hours at all on the schedule. I am not laid off and I have not been fired or let go. I'm basically in limbo. I went to talk to my manager today because i am not scheduled to work for the next three weeks due to reduction in available hours in the area i work. He says i still have a job and hopefully hours will come back next month but meanwhile for the next month I also have no hours and therefore no money. Is this a situation that i can claim unemployment for or can i not because i am still technically employed but have been given no hours to work? I am in NY state. if anyone is familiar with NY state labor laws and unemployment please answer, thanks :)
caffar
 
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If my employer is not giving me any hours but i'm not fired or laid off can i get unemployment?

Postby leonie36 » Sat Apr 02, 2011 4:14 pm

I did a quick search for NY State law and couldn't find a definitive answer. That said, if you are not being scheduled any hours, one would have to deduce that you are looking for other work. Yes?

If so, you should file an unemployment claim to find out if you are eligible. I've included the link to the state of NY unemployment claim information below.

In essence, your employer made you "unemployed" by failing to schedule you for any hours, and telling you that you won't be schedule until next month at the earliest. That could be considered a temporary layoff, and that would generally make you eligible for benefits. Again, the only way to know for sure is to apply for benefits. Remember, there is a one week waiting period from the time you file before you become benefit eligible - so it's important to file as soon as possible of you go this course.
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If my employer is not giving me any hours but i'm not fired or laid off can i get unemployment?

Postby therron57 » Sat Apr 02, 2011 4:18 pm

I'm not entirely sure.
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If my employer is not giving me any hours but i'm not fired or laid off can i get unemployment?

Postby croslea » Sat Apr 02, 2011 4:33 pm

You can certainly try for unemployment as your hours were reduced, doesn't mean you will qualify but its worth a try, Unemployment you usually have to work at least so many weeks in a quarter, so depends on how long you have been at your job if you would be able to draw unemployment from them, if you ha vent been there that long you may not get it, but if you have past employers too, they will see if they are able to get your benefits from them as well, so the least you can do it try, its a 50/50 chance, and if you try and you don't get it then you will know, and they will give you a reason as to why you don't qualify for unemployment :-) Good Luck
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