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A.J.
A.J., Employment Lawyer
Category: Employment Law
Satisfied Customers: 4300
Experience:  Licensed to practice law, I have experience in Employment, Appeals, and Landlord/Tenant Law
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My wife quit her job in Boise ID because the co. dropped her

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My wife quit her job in Boise ID because the co. dropped her pay from $14/h to 9 and then had her running all over town in her car unpaid for 1.5 hr shifts that never made it to full time. She filed for unemployment and was denied we have 10 days to respond. Is that something that we can fight?

SavyLawyer :

Hello, and thank you for contacting Just Answer. My name isXXXXX am an employment law professional, and I look forward to answering your question this morning. Give me just a few moments to take a look at your question.

SavyLawyer :

Unfortunately, generally, no, dissatisfaction with wages or hours is not grounds to voluntarily leave a job and still qualify for unemployment. As a general matter, when an employee leaves employment of their own volition, they do not qualify for unemployment benefits.

SavyLawyer :

One argument to make on appeal is that the reduction of hours was so dramatic that the claimant (your wife) had no choice but to quit the job, making it a constructive discharge rather than an actual voluntary quit. However, this is not going to be an easy argument to make, as it sounds like the hours were not reduced and the wage offered was still above the minimum wage required by law. In the absence of an employment contract the employee is employed at will. What this means is that an employer may change the terms and conditions of employment without cause or notice, including wages.

SavyLawyer :

While I can certainly understand why someone would leave employment in such a situation, unfortunately the general rule is that if someone quits their job and it was not a constructive discharge (meaning a reasonable person would see it as having no choice but to quit), then unemployment benefits are not available.

Customer:

and i understand. she in in home health care and she was sent to clients that she was way under qualified to go and see. it that a leg?

Customer:

the employer would promace a customer they were getting a trained at a much higher rating than she had

Customer:

she worked for them for 2 yrs. taking care of her own grandmother. when she went to a nersing home they shuffled her around enough so she would quit

SavyLawyer :

Possibly. If she was sent to see clients that she not qualified to see, and this either broke a law about home health care qualifications, or if her not being qualified put her at risk of injuring the customer, leaving her open to liability, then she could argue that she was being asked to do something she legally could not, or that put her at significant risk of liability, and as such had no choice but to leave. Again, that falls under a possible "constructive discharge." She would have to demonstrate that either (a) the company was asking her to break a law, or (b) she was so under-qualified that she could have caused harm that would have made her liable for damages may also be enough. Constructive discharge is tough to prove (and employers know this), but that may be one avenue to make an appeal on.

SavyLawyer :

Just being shuffled around would not be enough, dissatisfaction with the job is not enough to allow quitting for unemployment purposes. There may, however, be enough for constructive discharge. Its probably a long shot, but is what your wife arguably has to go on.

SavyLawyer :

It would at least be worth her time to consult with an employment law attorney in your area of Idaho prior to making any final decisions on appealing. The Idaho State Bar Association has a referral service at:

SavyLawyer :

http://isb.idaho.gov/member_services/lrs/lrs_search_panel.cfm

SavyLawyer :

Ideally, an attorney licensed in Idaho should be consulted and assist her in making a constructive discharge argument on an unemployment appeal if at all possible.

Customer:

Ok thank you for your help. I used this service because it look like all the local offices were "elepahant hunters". so I appricate your help.

Customer:

Thanks

Customer:

Dennis

SavyLawyer :

You are very welcome, and I wish you both the best of luck. If you do not have any additional questions, please remember to RATE my answer so that I can receive credit for my work.

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