Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

Am I fired if the owner tells me that I will not be cooking(

I am the cook I...
Am I fired if the owner tells me that I will not be cooking( I am the cook I have been there 7 months with no help for more then half the time) I will be doing the dishes because the person that they put in the kitchen to help is reacting to the chemials. and I told they that I reacted also but then they said she reacts more. And then they are restructing and she was a front office person. And I have my culinary Degree and safe food handling.
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
2/1/2013
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,273
Experience: Licensed Texas General Practice Attorney
Verified

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Are you having a change in your pay?

ScottyMacEsq :

(as part of this restructuring)?

Customer:

I was told about pay but they were trying to say that the hours are going to be different but that would mean I would not be there to cook the food.

Customer:

I was not told (sorry

ScottyMacEsq :

I understand. But would your pay change?

Customer:

I was not told (sorry

ScottyMacEsq :

Oh, I see.

ScottyMacEsq :

First of all, you're not "fired".

ScottyMacEsq :

Fired means termination from employment.

ScottyMacEsq :

The employer can change your position (promotion / demotion) without that being a termination.

ScottyMacEsq :

Even a manager could get demoted to a bus boy, and it would not be a "termination".

ScottyMacEsq :

But if you were to quit, that could be a voluntary quitting attributable to the employer, and if that were the case, it would allow you to be eligible for unemployment benefits.

Customer:

Can they change hours and pay to

ScottyMacEsq :

Generally, a reduction in hours or a reduction in pay generally does not qualify as good cause to quit a job and receive full unemployment benefits. Other reasons that do not qualify as good cause include personal conflicts with your boss or leaving to become self-employed .If you haven't already quit your job, and your hours or your pay were reduced, you may qualify for partial unemployment benefits. Like full unemployment benefits, eligibility varies by state. In Florida, for instance, workers can qualify for partial unemployment benefits if they had been working full time and then their hours were "significantly reduced." What constitutes a significant reduction depends on the facts and circumstances of each case; the Legal Aid Society of the Orange County Bar Association suggests that a 25 percent reduction in hours would probably be considered substantial.

ScottyMacEsq :

Now as for tasks outside of job description, that's also somewhat difficult.

Customer:

so if i was working 7 hours a day and was now going to be 4

ScottyMacEsq :

A complete job change (not voluntary on your part) probably would allow for good cause.

ScottyMacEsq :

That would allow for partial unemployment benefits if it was merely a reduction of hours.

Customer:

"voluntary quitting attributable to the employer" what does this mean

ScottyMacEsq :

Typically if you quit you're not eligible for unemployment. But if the reason that you quit was not your own personal decision, but because of something that the employer did that would cause any reasonable person to quit in those circumstances, then you could still get unemployment.

Customer:

Do I have a reasonable reason?

ScottyMacEsq :

(I wish I could give you better odds than that, but I have no idea what the unemployment referees would ultimately decide)

Customer:

What if they had me sign papers for a food program and it was for nov. and dec. 2012 and they did not what me to date it (was on 1/30/2013)

ScottyMacEsq :

I don't understand what you mean by that. What is this food program? Why would that be relevant in this situation?

Customer:

It is how the get money for the food it's a daycare by the federal gov. I have never sign one before but they said it was something that you have to sign every month but I never have before.

Customer:

Sorry about the spelling

ScottyMacEsq :

I still don't see how that would be relevant in this situation... What are you specifically asking about? Are you asking if this would give you a reason to quit?

Customer:

yes

ScottyMacEsq :

But why would that be a reason for you to quit?


 

Customer:

signing something that I am told not to date so they can put they own date on it.

ScottyMacEsq :

That's probably not good cause in and of itself, although it you could prove that that was to defraud the government, and you refused to do so, then that probably would be for good cause.

Customer:

Even if I feel that they gave my job to some one else that is not as qualified?

ScottyMacEsq :

Even if they were more qualified, you could still have an unemployment claim.

Customer:

So did i tell they that I feel that fired me or say quit

ScottyMacEsq :

"did i tell they"? Do you mean to ask "should I tell them"?

Customer:

yes sorry about that I cant type when I am upset

ScottyMacEsq :

But you're quitting, plain and simple.

ScottyMacEsq :

It doesn't matter that you "feel" that you're fired. You can say that based upon their actions towards you, it's a constructive termination and that you are quitting your employment with them do to their actions in materially changing your responsibilities, hours and pay (if applicable).

ScottyMacEsq :

It that does not depend on what you tell the employer.

ScottyMacEsq :

*And that does not depend...

ScottyMacEsq :

The only question is whether you quit for good cause attributable to the employer.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :
Are you there? Please note that I am still here, awaiting your response.
ScottyMacEsq :

 


If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~40 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better). If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

 

Customer:

thank you

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,273
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,273
17,273 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Had an employee make false allegations against me. I am a
Had an employee make false allegations against me. I am a superivo … read more
ScottyMacEsq
ScottyMacEsq
Lawyer
17,273 satisfied customers
Can a employer require a prescription receipt if an employee
Can a employer require a prescription receipt if an employee goes to the doctor. My employer will not excuse the absence if they do not receive a receipt of a prescription. Is this legal? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My husband had an auto accident on 6/30/17 driving a van
My husband had an auto accident on 6/30/17 driving a van while working for his employer. Just today he got a letter stating he is beiNg terminATEd because he has not been relase to return to work yet.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
I am being accused of violence of the workplace that happen
i am being accused of violence of the workplace that happen in 2012 and a letter came anonymously in 2017. Am my job are giving me 3 days off is there a statue of limitations … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a relocation agreement with my current employer and
I have a relocation agreement with my current employer and if I terminate my employment I'm subject to repayment percentage based on my months of service up to 24 months. If I terminate my employment … read more
socrateaser
socrateaser
1,031 satisfied customers
I filed a discrimination compliant against my employer. The
I filed a discrimination compliant against my employer. The case is before Miami EEOC judge; since July. No hearing has been set up. How long does it take to get a hearing in Miami? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My son works for an insurance company that was split off
My son works for an insurance company that was split off from a larger firm, leaving 100 employees. He was paying $40 a month for benefits. He got an email on Friday, saying in January his plan would … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
State of CT. I work in a 180 bed nursing home. What is the
State of CT. I work in a 180 bed nursing home. What is the nurse ratio to residents on a 60 bed unit with 2 or 3 CNA on 11-7 … read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
Can my supervisor reduce my pay i only work 24 hrs.a week
can my supervisor reduce my pay i only work 24 hrs.a week and bring home $355.00 every other week i cannot make ends meet. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I work full time. I am 68 years and have had Medicare and
I work full time. I am 68 years young and have had Medicare and Tricare since I turned 65. My company pays me Health and welfare. I was covered by Medicare and Tricare for life. I would like to know i… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it legal legal an employer to put un employee under a
Is it legal legal an employer to put un employee under a cervelance camera with out the consent of the employee … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My husband is from Ireland and is a lawful permanent
My husband is from Ireland and is a lawful permanent conditional resident. He was working for a company until Nov 6th and was suddenly fired without warning.. citing a "misconduct" charge.. setting so… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,264 satisfied customers
My husband was written up because he was short an hour of
My husband was written up because he was short an hour of work in a week. He does not punch a clock and is an exempt employee. They have said he must work 50 hours a week to catch up on work that is b… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
17,273 satisfied customers
I have been abused by the school district I work in for the
I have been abused by the school district I work in for the last 30 years. Because of our weak union I have had to endure sexual harassment, discrimination due to sexual orientation and blatant bullyi… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,926 satisfied customers
Under the ACA can an employer over 50 employees offer a
Under the ACA can an employer over 50 employees offer a small management group a higher percent of an insured health care premium? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I(Black female) was employed by a corporation that I left
I(Black female) was employed by a corporation that I left because of unfair treatment. I was recommended for a supervisor position by my manager (previous Supervisor retired). Corporate decided not to… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
17,273 satisfied customers
Well I had a very rough night tonight with an assistant
Well I had a very rough night tonight with an assistant manager. He was unhappy and yelled at me (not talked to me, I mean YELLED at me) in front of customers and said very derogatory things. He becam… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I was hired by a non profit agency, at interview I was told
I was hired by a non profit agency, at interview I was told the wage was $12.00 per hour. Before I started they let me know it was $13.00 hr. Seven hours per day, 35 hours per week. After a few months… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x