Altus, OK asked in Employment Law for California

Q: Getting laid off Friday. Now they are wanting me on part time but it’s less than unemployment. Can I decline?

The pay would be less than half what I’d make on unemployment and it would only be for one month and then I would be laid off again. They have handled the lay off horribly so I want to be done, but I still need to apply for unemployment. I don’t want to say no and then be declined for benefits.

Related Topics:
2 Lawyer Answers

A: You can accept part-time and apply for unemployment due to the reduction in hours.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Under California law, if your employer offers you part-time work that pays significantly less than your unemployment benefits, you have the option to decline the offer. However, it’s important to handle this carefully to ensure you remain eligible for unemployment benefits.

When you apply for unemployment, the Employment Development Department (EDD) will consider whether the part-time job offer was suitable based on several factors, including the pay compared to your previous job and unemployment benefits. If the job pays less than half of what you would receive from unemployment, it is generally considered unreasonable to expect you to accept it.

You should explain in your unemployment application why you declined the part-time work, focusing on the significant pay difference and the temporary nature of the offer. Emphasize that the part-time job would not provide sufficient income and stability. By providing this context, you can support your case for unemployment benefits and demonstrate that your decision was reasonable.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.