Unemployment

lolasmit · February 2014

Does anyone know anything about this? I know that in NJ I can apply for unemployment if my employer cuts my hours. I am available to work 37 hours, which is considered full time in NJ, but my employer cut my 37 hours to 28 and I don't know why. Today he sent me home because I had diarrhea and was spending too much time in the bathroom. I had told him I did not want to leave because I didn't want him to cut my hours any further. But, I will only be there until March 24th since I am due April 23rd. My midwife told me she will give me disability papers.

I am just afraid that my employer will fire me if I apply for unemployment while I am there? I am also afraid that unemployment will question why I cannot work past 4pm and 6pm on Fridays. Our offices are open 9-9, and I told my employer I can't work past 4 or 5pm due to school (which is true). The issue is I don't physically go to school. I take my classes online, but I pick up my husband at work at 5, and then do my school work.

Should I bother applying for unemployment or just work whatever hours my employer gives me? Since he told me to go home early today he is definitely cutting my hours for next week... Any suggestions on what I should do?

Sorry it is so long and thanks for reading.

jf198400 · February 2014

Have you asked him why he cut your hours? I would start there before applying for unemployment. I would ask for more hours. I don't know how unemployment works, but I doubt you would qualify if your employer is willing to give you more hours and you are unwilling to take them due to needing to leave at a certain time. Do you have to leave by 5 b/c you and your DH share a car? Could you reverse it so that he picks you up from work? I think that if you need the money from working then it is your problem to figure out your transportation and class schedule around that. It is your problem, not your employer's. Do you have any paid time off? If you have any paid sick time, I would use that for being sent home ill.

lolasmit · February 2014

My schedule was supposed to be Monday- Thursday 9 to 4pm and Fridays 9-6pm. Before I made my school schedule I had him approve it, which he did. Then a week ago (my school had already started January 13th) he asked me to work once a week 12-9. I explained to him that remember that he approved my schedule which was what I stated above, and that I could no longer switch my classes around. The following week my hours were cut to 28 instead of 37. I asked why, and he simply said, "Nothing personal." That was all he said.

I couldn't take a sick day because I went in to work. According to our policy if we leave work early it counts as a tardy. If we get 5 tardys we are fired on the spot. I have only 2 tardys including today's.

I hope that clears it up more. Unfortunately, at this job we don't get paid time off. We only get 7 sick days ( I have 4 left for the year) , and 5 tardy's (I have 2 tardys including today's. The other tardy was because I arrived at the office at exactly 9:00AM which is when I start work).

jf198400 · February 2014

It sounds like he cut your hours because you could not work the hours he needed you. This is not grounds for unemployment.

lolasmit · February 2014

Right, but we had the previous arrangement that my set hours from January 13th until I left due to baby would be 37 hours. He knew that I wouldn't be able to work once a week 12-9. He knew it ahead of time since November and approved the hours, which is why I was so confused.

Then he will probably cut my hours again because I am sick today.

Katie829 · February 2014

What kind of industry are you in and how long have you been three? Why are you leaving a month before your due date?

fitmom82 · February 2014

Isn't 4 weeks standard to leave before your due date? I wouldn't apply for unemployment, I'd look for a new job. It sounds like you and your boss are just trying to screw around with one another. It seems like you made up a school schedule just so you could pick up your DH. When he approved it he may have known what you were doing but given you a break, so when you weren't willing to help him out once a week, he messed with you by cutting your hours. Since it sounds like a petty situation already where you're both just looking to get each other back, which is probably why your looking into filing for unemployment. Once you do that I'm sure he'll find something to get back at you with.

fitmom82 · February 2014

Everyone I know has taken exactly 4 weeks. I took 3 weeks and I thought I was being generous. Standard disability is 4 weeks before 6-8 weeks after. If you have the time why not take it?

Maybride2 · February 2014

You're not going to get unemployment because your boss won't accommodate the hours you want (you don't need them - you just want them). Your grown husband needing a ride at 5 pm is not your boss' problem. And if you were in the bathroom with diarrhea for so long that people noticed, you needed to be sent home so you didn't get everyone else sick. Yeah, good luck filing for unemployment.....I wouldn't hold your breath on it going through.

FemShep · February 2014

fitmom82 said:

Everyone I know has taken exactly 4 weeks. I took 3 weeks and I thought I was being generous. Standard disability is 4 weeks before 6-8 weeks after. If you have the time why not take it?

I had scheduled c-sections for medical reasons with each of my daughters. I worked until birth. My doctor wouldn't write me a medical reason for disability before their birth because there was no need to, and my employer's STD policy wouldn't kick in without a medical reason for disability. From everything I've heard, your policy is much more the exception than the rule.

Katie829 · February 2014

I worked up until my due date. I went late. I couldn't imagine giving up 5 weeks of FMLA before the baby arrived and there was no need for disability because I could still work.

Maybride2 · February 2014

I've never heard of a policy for leave before birth. I mean, if you have a medical reason it makes sense to be written out of work, but there's no general policy for such a thing. Most everyone I know worked right up until labor; I worked right up to both of my scheduled c-sections.

Iblamethebeer · February 2014

fitmom82 said:

Isn't 4 weeks standard to leave before your due date? I wouldn't apply for unemployment, I'd look for a new job. It sounds like you and your boss are just trying to screw around with one another. It seems like you made up a school schedule just so you could pick up your DH. When he approved it he may have known what you were doing but given you a break, so when you weren't willing to help him out once a week, he messed with you by cutting your hours. Since it sounds like a petty situation already where you're both just looking to get each other back, which is probably why your looking into filing for unemployment. Once you do that I'm sure he'll find something to get back at you with.

This is the part I'm having a hard time with. Isn't that what you did? Is there any reason why you couldn't do your schoolwork from 7 am - 11 am one day a week and then work noon - 9pm?

lolasmit · February 2014

Oh no, he didn't know that my schedule was online. I only changed them to online after my midwife suggested that due to all the snow we get it wouldn't be that safe for me to be driving in ice to get to school. I never told my boss my class were online. The schedule I provided him with shows all my classes in school starting at 6pm or at 7pm.

Me having to pick up my husband at 5pm only started well will start next week on Monday. My boss is also not aware of that. Since the company I previously worked for required me to discuss my schedule BEFORE I made it I did the same with this employer, he said that's fine, and I brought him the actually schedule. He saw it, and said since you will only be here for 3 more months or so I will accept it.

It's a small company. There are only 5 of us there including the boss. Well, I told him in the morning that I was leaving early because I had stomach problems, and he said that if I left early he would cut my hours for the following week which is why I stayed. Then he stated that he had been counting and timing all the times I've gone to the bathroom since the first time I went that day which was odd to me because I've never had an employer count and time my bathroom uses.

I saw my midwife yesterday as well, and I told her I wanted to work until the last day, and she told me not to. She said that I can get state disability by leaving up to 4 weeks before the delivery date, and that she doesn't like how stressful my boss is, so that she will write up something for me so I can stop working 4 weeks before the delivery date.

My last schedule for last semester was working every day 12-9, and Mondays 9-9, which is why he accepted my schedule for this semester as well.

The policies he made up for the company were 5 tardys, and 7 sick days. No vacation days, and no paid time off. He basically cuts our hours when we use our sick days. My other co-worker was sick for 2 days with the flu, so the following week instead of working her usual 40 hours she was working less than 30. Since he knows no one will say anything he just does it. He cuts all of our hours whenever any of us use a sick day, or are late for any reason.

It's a customer service position which I took because when I started working there it wasn't like this. He only established these policies after he was able to hire more than 2 people. In that job since I've been there in June I've seen more than 15 people get fired simply because he said he didn't like their tone of voice, or because they had a tattoo, and things like that.

My midwife was the one that suggested that I file for unemployment since he's cutting my hours when I am available to work. I wasn't sure that that's how it worked which is why I asked. I know at a previous job I did get unemployment because I was available to work any time from 9 to 6pm and they would only schedule 9-1pm every other day.

I didn't want to apply for unemployment because I figured I already only have a month left, so what's the point. I agree with MOmtobe2912 that he could definitely say that which is something else that crossed my mind.

All the girls I work with are seeing psychologists and taking anxiety medication because the boss- not the job - is that stressful. Basically, he does as he pleases because he states that since he has a small business none of the laws out there apply to his business. Sure, we have sick days but we are all afraid to use them because we may get fired for using them.

jlaOK · February 2014

I know nothing about unemployment but it should like your boss is sh*tty. I'd never continue to work with someone who monitors trips to the bathroom. I'd ride it out so that you can receive your maternity benefits and then work my butt off to find something different for after maternity leave is over. Good luck.

fitmom82 · February 2014

PrivacyWanted said:

Every one here for the most part takes 4 weeks before since I'm in CA and you get the time. I think nj is the same way. But if you're at a point where you are seriously considering filing unemployment because a few hours were cut, I would absolutely not recommend taking the 4 weeks of Sdi since that's 60% only of your regular salary.

I guess that's it, I live in NJ. Here you get 4 weeks before, 6 after for vaginal, 8 for c-section. If you don't use the 4 weeks before they don't get added to the end.

DiveFrog · February 2014

I agree you have a horrible Boss and he is being underhanded in how he runs his business and treats his employees. You should definitely look for a new position ASAP after your maternity leave.

That said, I get a distinct impression that your Midwife is being overly cautious and most likely holds personal beliefs that women shouldn't work at all (this is based on what you have posted here). Unless you are having complications, or at high risk for them nothing you have described would have made my Midwife bat an eyelash. As reference, I was working a stressful job 50+hrs a week, house shopping for our house, and a rental property, arranging closings on two houses, packing and moving, and arranging to have my parents move in with DH&I all through both of my 2nd (happened through winter with ice and snow) and 3rd trimesters. All while dealing with the pain of SPD in pregnancy. My Midwife never once mentioned she was concerned about too much stress, or driving in snow and ice. Quite frankly driving during the winter is something that you need to do for appointments, groceries, errands, and to get to work, so going to school also really shouldn't be an issue.

So, my advice is to consider what your Midwife says in regards to everything other than your and the babies current health as suggestion. Make your own decision as to whether it makes sense. Because, what you have relayed as her recommendations here don't make sense to me in the context you have provided.

lolasmit · February 2014

Thank you.

I definitely agree. I am trying to hold on until at least the beginning of April. I asked my midwife why I should take those weeks and she simply said, well since they are offered you may as well take them. I definitely agree that that may be something with her personal beliefs!

I was going to leave in August when I found out I was pregnant, but then I figured that since it was only a few months left I was just going to stick it out.

lolasmit · February 2014

Also, my manager cannot make any decisions because he makes them. . .

Katie829 · February 2014

Are you planning to go back.

lolasmit · February 2014

No. I intend on working my butt off to not go back there.

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