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WMX paycut - wondering

Posted: Apr 28, 2011

does anyone know if you can file for unemployment in this situation?

I wouldn't think so. You're still employed. nm - MT

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nm

You cannot. If you quit, you cannot. - nope

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.

That's why they're starving everyone out instead - of laying them off. Mas dinero for them.

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=

Mas Dinero, having no work to do is a complete reason to terminate - employment. No bothersome starving needed. NM

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x

Depending on your state, you may be able - to file for partial UE.

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Check your labor board to see if they allow for this in your state. You can't quit. You actually would just receive a supplement UE if your wages are suddenly decreased.

I just googled and can only find supplemental UE for those whose hours are decreased. - MT

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I only see the partial UE when wages are decreased due to a company reducing your hours. I would love to stand corrected on this, though, if someone finds otherwise.

YES, you CAN - We have to stick together

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Based on my research, you can collect partial unemployment if you have a “significant” pay cut. The key word, of course, is “significant.” You would have to contact your State UC Office to get their definition.

So, EVERYONE call your State UC Office on Friday and Monday. It may be difficult to talk to a live person (most UC Offices are severely understaffed and unemployment is still high in many States). So, be sure to update the post with what you find out for your State so other employees who live in your State will have the information also.

Two different references:

REFERENCE ONE:

Loss of Work
Many states offer unemployment benefits for loss of work claims as well as total unemployment claims. These situations, sometimes called being partial unemployed, arise when your employer cuts your pay or hours significantly. It can also apply if you lost your job and could only find employment at a significant pay cut. When you file a loss of work claim, your state's labor department looks at your salary history to determine what you'd qualify for in unemployment benefits and then adjusts it based on the income you're currently earning.
Applying for Benefits
Even if you're not sure if you'd qualify for a loss of work claim, apply for unemployment benefits. On the application, answer the questions about your former income and your current income, including the reasons your wages decreased. The state's labor department will contact your former employer to verify the details of your claim, including the difference in wages. Once they've determined your eligibility you'll receive a notice of determination by mail.

http://www.ehow.com/info_7851814_can-unemployment-money-wages-decreased.html

REFERENCE TWO:

For those who keep saying you can't get unemployment if you quit a job, that is absolutely incorrect. You CAN collect unemployment benefits if you quit your job for the following reasons:

*You quit to move or follow a spouse to a new location
*You quit for health or medical reasons
*You quit because of some "substantial change" in the conditions of hire
*You quit because you are being harassed
*Your employer cuts you down to half time or reduces your pay significantly.
*Dangerous or hazardous work environment.

Each state has different guidelines and eligibility requirements so check with your local unemployment office.

What was reference two? fyi anyone can write an EHow - see msg

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article, so take what you read there with a grain of salt.

Yes, you are correct that under certain limited circumstances, you CAN quit your job and still collect unemployment.

The numbers posted in the thread below DO look significant to me, and hopefully the states will see it that way. There's nothing to be lost by trying to get partial UE, so I hope everyone tries. Please do come back and post your results with your state. Very good suggestion.

What if the paycut brings you below min. wage? - Dont they have to at least pay that?

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?

below minimum wage - anon

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I know of 3 people who have been let go in the last year for not meeting minimum wage. They got warnings and the 3rd time they made lower they were immediately terminated. But, then you can at least get unemployment.

Aha! Well, that's do-able! Especially the part - about getting Unemployment!

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heh-heh

NOT TRUE. If you can't make production minimum... - sm

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...and you are on the minimum wage bump, if you lose your job it will be because you were terminated because of not meeting production. You will not be laid off, you will be terminated. You cannot collect UE if you are terminated for not doing your job. You can only collect UE if you are laid off.

I am collecting unemployment...sm - exwebber

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I was terminated due to not working 40 hours and not meeting production. I am now collecting unemployment. Of course it could be due to the fact that I kept running out of work during my shift. Although really don't think that was the major reason - I was making 0.105 per line and nearly there for 10 years.

To NOT TRUE - Nick

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It ain't necessarily so. If she cannot make her lines due to unavailability of work, etc. she may well collect unemployment. She may well collect if the suits are making it impossible for her to meet their standards.

Getting the facts straight - UE MT

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You surely can collect UE if you are terminated depending upon the circumstances. If you file a claim saying they did not provide you enough work to support yourself or meet minimum wage, etc the company then has to defend that choice as to why it's not their fault. Much harder for them to prove than for you to prove.

If I worked at WebMdx, I'd be applying for UE TODAY- and not wait until my pay dwindled to nothing.

not meeting production - another bomb?

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In regard to this, I don't see anybody commenting yet on their comments that "you have 2 weeks to meet these new production goals." I wish somebody could tape this off somehow. I have a bad feeling about it.

production goals - oaf

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At some places there isn't enough to meet anyone's goals - it's really a Catch-22 - not enough work but it's your fault you didn't get the lines!!! GIMME A BREAK!

As a skilled MT/ME, I can meet minimum requirements with - one hand. I would hope the newbies

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they've taken on would be given more slack because they have good reason, but perhaps people who can't/don't meet the minimum requirements in spite of some years of experience may be facing a real problem. If would be a pretty unusual case for anyone with experience WORKING 40 REAL HOURS A WEEK to not be able to fix this problem. Of course, some taking care of elderly relatives, in fragile health themselves, unable to flex hours, etc., simply may not be able to.

In any case, it's useful to note that of all the upset WMX posts, an amazing percentage, or maybe not so amazing, are from people claiming to be unable to meet more than the lowest incentive pay tier, if that.

So far there seems to be almost no one here representing the many, many WMXers who may or may not be unhappy but at least have no worries at all about meeting minimum standards.

Very true. Good post. nm - WMXERMT

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nm

Make up pay - Tammy

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The company I just quit absolutely HATED for you to have MUP or make up pay.. they reprimanded you any time they had no work (which was not your fault), and had to pay for the difference.. well. was having NO work the fault of the MT? No. Should they pay you for the difference? Yes. When we were first hired, they told us to put our regular hours we were hired to work (no matter if we worked them or not) on our time sheets.. THEN because "things" changed, they told us we had to put ACTUAL hours worked, well that put our insurance in jeopardy because the work WAS NOT THERE, so our actual hours worked (you had to have 30 or more for ins.) was less and less, thus our insurance was stopped. So, you aren't making money, your ins is stopped (god forbid you have something seriously wrong) and when MUP is required by the company, you get reprimanded by your TL....

"Reference Two" is correct (see message) - CoastalMT

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I had a very cushy in-house job and was up for promotion to department manager when my mother fell suddenly ill. I took a leave to be with her and when I realized it would be a long-term situation, I attempted to quit. The hospital encouraged to me to simply take FMLA which I did...but when the PTO runs out, who can afford to live on no income?

I filed and was awarded my unemployment. The hospital attempted to challenge it, but I had a letter from my mother's physician outlining her basic medical condition, as well as the written communication from hospital imploring me to stay and how valuable I was an employee.

Needless to say, they lost their case and I was awarded full benefits even though I had technically quit.

There are indeed instances when quitting does not mean you are ineligible for UE benefits.

That was my experience with another company. - Former Transcend employee

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They cut my salary, I filed for partial unemployment and got it. The company was not happy but neither was I wehen they cut my salary

Also, a friend's daughter in Colorado filed for unemployment after she quit, along with several others, and she got it based on she had worked at a hostile work environment. So don't think you automatically won't get it. You may not, but you may.

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