California Employment Law

My 50 yr. old daughter worked in a neighborhood laundromat,

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working approx. 38 hrs. a...
working approx. 38 hrs. a week. Owner sold the business & she lost her job. She filed for unemployment. The owner she'd been working for has another laundry in town & offered her job in other
laundry working 18-20 hrs. a week. She's making the same hourly pay but obviously much less per week since her hours are almost cut in... Read full answer
My 50 yr. old daughter worked in a neighborhood laundromat, working approx. 38 hrs. a week. Owner sold the business & she lost her job. She filed for unemployment. The owner she'd been working for has another laundry in town & offered her job in other
laundry working 18-20 hrs. a week. She's making the same hourly pay but obviously much less per week since her hours are almost cut in half. The unemployment office here told her she has to accept this 20hr. wk. job since he is offering her the same pay. That
can't be right, can it? The hourly rate is the same but he's not paying her the same because she's working fewer hours. Is this just a miscommunication or can she collect unemployment?
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Answered in 7 minutes by:
2/7/2015
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 16,245
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
Unfortunately, the unemployment regulations do not permit claimants to refuse offers of suitable work (which this would be if it's at the same rate of pay performing the same essential job duties) and collect unemployment instead. This does not necessarily mean that your daughter is completely ineligible for unemployment, but simply that the amount in benefits she would have been entitled to will be OFFSET by her earnings.
The thing is, the maximum you can receive in unemployment benefits in TN is $275 (most employees get less than that as it is based on your earnings as an employee), and so most employees--even those working part time--will exceed their benefits threshhold and then be disqualified because they are earning more than they would have been entitled to receive.
See here to calculate what your daughter would receive in UI benefits based on her earnings: http://www.unemployment-benefits.org/tennessee-unemployment-benefits If she is making more than that now, she will be disqualified for benefits. If it's any consolation she shouldn't be too upset about this, though, since she is earning more than she would otherwise be receiving in government assistance and so will be better of financially with this part-time job (at least until she finds a better one) than she would be on unemployment.
I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. 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.
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 16,245
Experience: Significant experience in all areas of employment law.
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