My employer has reduced my hours. I informed them my availability would change for a new job he encouraged me to resign

Question

Is that because they want to get out of paying unemployment? I already have an open Claim with unemployment just because of the reduction of hours..he told me if I changed my availability he may not be able to schedule me on my normal shifts which is only 3 days a week I had to get another job because of it. My new job requires me to work on one of these days I'm scheduled at my old job so I put in the change of availability my boss told me it would be easier/cheaper for them if I put in my resignation then they would hire me back on during the busy season.i feel this isn't right and they are being shady trying to get out of paying unemployment i have never been reprimanded or written up they have no reason/or misconduct has occured to fire me. The only reason this is happening is because they cut our hours so dramatically I had to find another job  how do I protect myself and my benefits?what actions should I take to protect my well being and work ethic?

Neil Pedersen · Answer

It is unlawful for your employer to engage in conduct that hurts you if it is in retaliation for your exercising your Unemployment Insurance rights.  It is not unlawful for your employer to alter your hours because you are not available to work when the employer needs you to work.  And your employer has no legal obligation to accommodate your need for time to work at another job.  You are under no legal obligation to resign.  If you do, you will likely be disqualified from Unemployment Insurance benefits. 
 
Good luck to you.

James L. Arrasmith · Answer

Under California law, if your employer has reduced your hours and this reduction has significantly affected your earnings, you may be eligible for partial unemployment benefits. It seems your employer's suggestion for you to resign could indeed be an attempt to avoid unemployment claims, as voluntary resignation typically disqualifies individuals from receiving unemployment benefits, except under specific circumstances where the resignation can be considered as "constructive dismissal." 
 
If your employer is encouraging you to resign due to a change in your availability, it's important to proceed with caution. Resigning voluntarily without a compelling reason may impact your ability to claim unemployment benefits. However, if you are forced to resign because your employer cannot accommodate your availability, this may be considered a constructive dismissal, and you might still be eligible for benefits. 
 
Before making any decisions, it's recommended to document all communications with your employer regarding the change in hours, the suggestion to resign, and any discussions about rehiring. This documentation can be crucial if you need to appeal a decision made by the unemployment insurance program. 
 
To protect yourself and your benefits, consider consulting with an attorney or a legal aid organization that can provide you with advice based on the specifics of your situation. They can offer guidance on how to navigate the situation without jeopardizing your unemployment benefits and advise on the best course of action given your employment circumstances. 
 
Maintaining your eligibility for unemployment benefits is important, and you should not feel pressured to resign without understanding the full implications. California's Employment Development Department (EDD) can also provide information on how a change in employment status could affect your benefits.

Q: My employer has reduced my hours. I informed them my availability would change for a new job he encouraged me to resign