Legal Question in Employment Law in California

Changed hours/salary--can I leave and collect unemployment?

I was specifically hired by a company to work 24 hours per week--three 8-hour days--at an hourly rate commensurate with my skills. The company has informed me that it wishes to lower my hourly, and also wants me to begin coming in 28 hours a week, spread over four days.

I wanted a part-time position for very specific personal reasons, which I was open about when I was hired and which the employer said he understood and supported. If I work four days a week, the time I said I wanted protected will be infringed upon (not to mention the salary cut!)

If I tell my company I can't accept the new hours and salary, can I collect unemployment?


Asked on 5/15/02, 5:39 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Changed hours/salary--can I leave and collect unemployment?

Unless you have an agreement for the wage rate and hours, the employer can establish other wages and hours to be applicable to you. Your choice is to work the new hours at the new wage rate, or resign. A resignation based upon a wage change may allow you to collect unemployment benefits if the resignation was for good cause. A reduction in wages or a change in hours may constitute good cause. You will have the burden to prove the good cause element, but the cases generally would favor you if the wage cut is substantial.

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Answered on 5/17/02, 3:46 pm


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