Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I've been with my employer for 2 years as of tomorrow. My…

Hello I've been with my...
Hello I've been with my employer for 2 years as of tomorrow. My offer letter states that I am based out of my home office and I have telecommuted 4/5 days a week for the past 2 years. My employer is now requiring me to be on-site 5 days a week representing a 1 hour commute each way with atransit pass cost of $70/mo. The 2 hours I spend commuting amount to ~$7000 at my current wage. They claim that I no longer have use of my home office because the office table I use is temporary and moves in and out of the office, but they knew about this ~1.5 years ago (I can get a letter from my manager at that time confirming that I informed him) and it has not been an issue until now. Might I have a case where I would be eligible for unemployment benefits in California if I quit voluntarily?My manager is the one who informed me of the change. I offered to have the table in my office set up at the beginning of the work day but he said "we are past that now"I am not a member of any union and am an at will employee paid hourly.
Show More
Show Less
Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Please note that my door is a curtain, but they knew this.
Answered in 7 minutes by:
3/22/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,877
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

Unfortunately, employers are generally free to change the terms and requirements for employment at any time, for virtually any reason, absent an agreement guaranteeing the original terms for a set duration (very few employees have this). So, it probably would not violate any law for your employer to now, after two years, require you to commute, even if their reasons for imposing this requirement are unfair.

As for unemployment benefits, the question would be whether you are unemployed "through no fault of your own." Significantly increased commutes and significant reductions in wages can rise to this standard, but being completely honest with you (which I will assume you will appreciate), 2 hours of daily commuting would likely not be regarded as so unreasonable that you are "forced" to resign and thus unemployed through no fault of your own. Likewise, a reduction of $7,000 in total annual earnings would probably not be sufficient to be deemed unemployed through no fault of your own, as the EDD has taken the position that paycuts must be 30% of more to meet that standard. And here, it is not a direct paycut but, as I am understanding it, increased commuting costs which cut into your net take-home pay. So that would likely be even more questionable in terms of meeting the 30% paycut general guideline.

The better course of action, almost certainly, would be to either negotiate increased compensation or start looking for another job now and quit once you've received a better offer somewhere else. Studies have shown that it is easier to find a job when you are already employed. Plus, unemployment benefits never compensate you at 100% of your previous earnings, so transitioning seamlessly between jobs will be much better for you financially.

I hope that you find this information helpful and am genuinely sorry if it is not entirely 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.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Got it thank you. 1 last hope:
They didn't have a physical office before and are now have one at the place they are requiring me to commute, I don't suppose that changes anything?and to close us out: are all justanswer Q/A's public or is there a way i can keep this private?

Thank you for your reply. Unfortunately, no these additional facts would not change the answer. Just Answer questions are public, however, I can ask the moderators to lock this question from public view once we are done. Just let me know if you'd like me to do that.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,877
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
please lock the question from public view. To clarify does this make the question inaccessible to the public?
Was this answer helpful?
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 13,877
13,877 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. 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

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 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

3,991 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
I have question about unemployment benefits. I have not. I
I have not. I am currently employed and wanted to know what my eligibility would be if I decided to leave. I believe I have just cause for leaving. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I need help filing an appeal for unemployment benefits, I
Hello I need help filing an appeal for unemployment benefits, I was denied by IDES and I have until April 15th to file for an appeal. … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
118 satisfied customers
I was interviewed by EDD because I did not claim. No Edd
I was interviewed by EDD because I did not claim chan … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have applied for unemployment benefits after being off.
I have applied for unemployment benefits after being laid off. The data says I am eligible, but for 3 months now I haven't seen a penny … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about unemployment benefits. Would like to
I have a question about unemployment benefits. Would like to know if I'm having babysitting issues and was fired for this issues could I still draw unemployment … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I am the Claimant seeking Unemployment benefits from my
I am the Claimant seeking Unemployment benefits from my previous employer.I have filed an appeal of the Hearing Officer's decision to deny issuing those benefits to me. His decision was mostly based o… read more
socrateaser
socrateaser
1,031 satisfied customers
Regarding unemployment benefits i was denied for 9 weeks and
regarding unemployment benefits i was denied for 9 weeks and i appealed the 9 weeks had a hearing the other side claim they gave me three write ups but when asked they couldn't provide the exact dates… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I collected unemployment benefits for about 3 months (last
I collected unemployment benefits for about 3 months (last Oct-Dec). When I certified each week, I forgot to report a small amount of self-employment earnings for some of the weeks. It was small enoug… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,877 satisfied customers
I have a question about unemployment benefits and EEOC
i have a question about unemployment benefits and EEOC procedures … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,877 satisfied customers
I just receive a notice of determination by edd. The code
I just receive a notice of determination by edd. The code 1279 … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,877 satisfied customers
I was denied an appeal for unemployment benefits as I
I was denied an appeal for unemployment benefits as I misread the letter they sent to me. I didn't notify them the day before the set telephone conference so they denied me benefits. I want to appeal … read more
Michael Bradley
Michael Bradley
JD
1,371 satisfied customers
Regarding: unemployment benefits As a manager, I was told
Regarding: unemployment benefitsAs a manager, I was told privately that my responsibilities were a failure, having role functions halted, re-assigned to others, and team re-assigned to other departmen… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need assistance on unemployment benefit qualifications. I
I need assistance on unemployment benefit qualifications. … read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I just learned I was denied unemployment benefits due to RCW
Good Evening my name is ***** ***** I just learned I was denied unemployment benefits due to RCW 50.20.050 WAC 192-150-110 and WAC 192-150-085. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,217 satisfied customers
I am the employer with an unemployment benefit claim against
I am the employer with an unemployment benefit claim against me from my ex employee that is also my step daughter. She had really been slacking on her job and not completing assignments given and givi… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
Can I apply for Unemployment Benefits a month after my last
Hi! Can I apply for Unemployment Benefits a month after my last day of work? State is MN. … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
My unemployment benefits were suspended. Because I filed
Hi my unemployment benefits were suspended. Because I filed disability. I was givin wrong information from the social security administration. I have a lung disease .i was laid off from my job in Augu… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I have a question about unemployment benefits in Texas.
i have a question about unemployment benefits in Texas … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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