Legal Question in Employment Law in New York

qualifiying for unemployment?

when i was hired i said i can work mon thru fri, NO weekends. now i am being told that i have to come in on two saturdays to learn more about the job. They said that i have to, my job depends on it. If i get fired will i be able to collect? also if i said that i might be able to do it but a week away tell them sorry but i can not,I was not hired for weekends. does that make a difference? On top of that they want to give me off friday in turn for the saturday obviously so they dont have to pay me overtime. I am really being played with at this job. I don't want them to get away with threatning me with my job. I am over 18 but visit my mother every weekend, that is why i would never take a job that consists of working sat. or sundays. is there anything i can do?

thanks in advance,

L


Asked on 4/16/06, 11:20 pm

1 Answer from Attorneys
Bunji Fromartz Fromartz Law Offices

Re: qualifiying for unemployment?

If you are fired it is possible you can get unemployment, if you have worked the requisite ampount of time, by claiming a unilateral change in the agreement by your employer. If they said one thing on hiring you and then changed the description you can refuse the change. They can fire you but could be liable for the unemployment.

This is not guaranteed to work immediately and you may have to appeal the unemployment examiner's decision.

If they guarantee you only two saturdays, whynot ask for a monday off instead so you can see your parent. It depends on how important a job is to you.

This is not a legal opinion whcih can only be had on retaining this office.

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Answered on 4/18/06, 3:05 pm


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