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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4466
Experience:  Exclusively practice labor and employment law.
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I am starting my 4th year as a paraeducator at a Utah public

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I am starting my 4th year as a paraeducator at a Utah public school. Because of the mandate from Obama Care that all employees working over 30 hours must be provided health insurance, my hours were cut. I didn't find out how much until yesterday. The school year starts tomorrow. Even though the mandate has been delayed a year, they are continuing with their plan.

My hours are cut from 35/week to just 12/wk. Not only that, they are requiring me to come in four days/week for just 3 hours in the morning. I had asked them if I could at least consolidate my hours so that I wouldn't have to drive the 65 mile round trip every day. That schedule was my answer.

I feel that they want to force me to quit so that they won't have to give me Utah Unemployment Benefits. What are my rights and how can I go about making the most out of a terrible situation?
Hi, thanks for submitting your question today. You don't have any rights as far as forcing the employer to put you back to your old schedule or to change your scheduling to be more convienant. You can submit a claim for partial unemployment benefits under the Utah Unemployment Act even though you are still working minimal hours. If you do this, however, you will have to show that you are looking for full-time work...which is probably what you're going to have to do ulimately anyway. You can review the adminstrative rules for qualification here. You can file a claim here.

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Customer: replied 3 years ago.

Would I be within my rights to state that I can only come 2 days a week and ask for just 6 hours per week? I guess it wouldn't hurt, right? But I would still file for partial unemployment benefits...

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