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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12171
Experience:  Significant experience in all areas of employment law.
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I need some advise. I was just demoted from management to a

Customer Question

I need some advise. I was just demoted from management to a hourly job. My salary was 51,000 and year to $9 per hour with 40 hours a week. I ask to be terminated as so i could collect unemployment and look for a new job. This time of year makes for a more difficult time to acquire a job. I have been in my management position for 13 years. I live in Atlanta, GA.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unemployment eligibility requires the claimant to prove they are unemployed through "no fault of their own." Typically, resigning will result in disqualification from benefits because when an employee resigns, they are seen as making the voluntary decision to become unemployed. However, an exception exists where the employee can demonstrate that they quit for reasons amounting to "good cause." A significant paycut will typically qualify as good cause. As you indicate your pay is being cut from $51,000 to $9/hr ( which equates to an annual wage of roughly $18,000, assuming 40 hours a week 50 weeks for the year) that pay cut is extremely significant--it's a cut of 65%! Therefore, an individual in your circumstance would typically be able to quit and collect unemployment benefits. You would typically want to let your employer now in advance that you will be forced to quit if your position is not reinstated and that you will seek unemployment benefits. That way it can't be alleged that you did not do everything you possibly could to remain employed. Doing this and then quitting, an individual in your circumstance will typically be eligible for benefits.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Was I able to answer your question here? Please let me know if I can be of any further assistance to you...