Legal Question in Employment Law in Georgia

forced to choose part-time or resign

I am a salaried employee. My

employer has been asking me to

voluntarily choose to work part time

temporarily to ''weather the storm.'' I

refused thinking that they would

either keep me full time or lay me off

with severance. But they now say

that the position is changed to part

time and that if I don't take it then I

am in effect resigning (no severance,

no unemployment).


Asked on 1/24/09, 11:19 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: forced to choose part-time or resign

Without know what contracts might be applicable, since you didn't say ... most employment is at-will and a person (or position) can be terminated for any or no reason (with few exceptions not raised in your post). Similarly, severance is generally not required for anyone. While a job can be eliminated or changed, and that loss of employment could lead to unemployment benefits, you might have a problem getting it if you turn down work offered, whether with the same or other employer.

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Answered on 1/24/09, 11:27 am
Jack Rosenberg Jack Rosenberg, Attorney at Law

Re: forced to choose part-time or resign

The rules of the GA DOL state: "...a seasonal or temporary reduction in pay or work hours does not constitute good cause for quitting."

The ER was offering you in the first instance that type of position. Now in the second case they are saying it is permanently part time. Therefore, depending on the reduction in hours, your hiring contact has been broken in a material way.

For example if you used to work 40 hours a week, a 30 hour PT job might not be cause for quitting. But a 20 hour PT job could be cause for quitting, since you need FT work, then that possibly would allow you to receive unemployment.

You should consult a lawyer who specializes in unemployment law like myself prior to taking any action. 770.984.7155

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Answered on 1/25/09, 9:35 pm


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