Legal Question in Employment Law in Virginia

Policy Changes Resulting in Lost Wages
Hello,

I work at a national craft chain as an instructor. When hired, we were told that if we had 1 student, we had to teach the class. I had no problem with that. Because of the recent economy, however, they have changed policies to having 4 students minimum which has caused 2 months of no pay since I haven't had 4 students register for a class (2 or 3 but not 4). The company offered an alternative - a sliding scale for less students but only if a district manager approved it. I felt this very fair. The DM did not approve it even though other DMs across the nation have accepted this new term. Am I eligible for partial unemployment even though I am still technically still employed? Store policy is that if you don't work within 6 weeks, you are automatically removed from payroll (terminated). I have managed to find an odd task to do here and there to stay in the system but it's becoming difficult to find things to do at work and am exhausting the tasks I needed to be done at work in my capacity as an instructor.

Asked on 4/03/09, 9:53 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Policy Changes Resulting in Lost Wages

If you have little or no work, it seems pointless to

"stay in the system" under the illusion that you somehow are gainfully employed.

Under these circumstances it would seem preferable to be terminated and apply for unemployment compensation benefits and look for other employment.

Answered on 4/04/09, 10:33 am

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