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Got my hours cut at work from 30 hrs. to 5 hrs.

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Cobalt Violet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 05:30 PM
Original message
Got my hours cut at work from 30 hrs. to 5 hrs.
Of course not fired or let go. Oh no, the **** wouldn't want anyone to collect unemployment.

The reason she gave: I complained about my job to co-workers. Yes I said that the it is almost impossible to earn a commission. I've been there 10 weeks and earned a whole $ 9.00 in commission thus far. :woohoo:

I told the **** that I'm not coming in for the 5 hrs.


She has no people skills and has no clue about labor law. She told me she was doing me a favor.

Maybe she is right as the working conditions in her shop are worse than any Wal-Mart.
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Bunny Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 05:39 PM
Response to Original message
1. Isn't this reduction in hours a constructive discharge? And would
that allow you to collect unemployment?
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graywarrior Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 05:44 PM
Response to Reply #1
3. Yeah, you'd collect unemployment check minus the 5 hours pay.
The 5 hours probably amounts to how much you'd get from unemployment compensation
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Cobalt Violet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 05:45 PM
Response to Reply #1
4. I really don't know that much about that.
I'm just going to get another job.
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RoyGBiv Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:04 PM
Response to Reply #1
11. Hard to prove ...

Constructive discharge is hard to prove anyway, but this is a part-time job situation, legally speaking, because it is under 32 hours already. Technically, no expectation of a certain number of hours exists for part-time employees.

A successful constructive discharge complaint is also usually accompanied by some indication of bias, i.e. the person is being constructively dismissed (forced to quit) rather than fired outright because the reasons for getting rid of the person would otherwise not be legal. This sort of complaint is typically used in cases of sexual harassment, gender bias, racial discrimination, etc. Dismissing someone for fostering dissent (complaining about wage/commission policies) among employees is perfectly legal. It's more than a little anal and evidence that CV's characterization of the manager as lacking people skills is correct, but it's still legal.

CV has the right idea in just leaving this job behind and getting a different one.

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Cobalt Violet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:30 PM
Original message
30 hrs. is considered FT in my occupation.
But legally speaking your probably right that it would be considered part-time. Even though it is the industry standard in my area anyway.
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RoyGBiv Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:34 PM
Response to Original message
19. Does the state recognize that?

Sometimes the industry standard can be different from what the state recognizes. Considering where you are, I would expect a more progressive approach to this, but I don't know for sure. If the state does recognize it, then by all means do file for benefits. You've already paid for it. Get it and let it help you get through the period from now until you find a new job.

In any case, I'm sure you can do better. Your boss sounds like someone in need of a serious attitude adjustment.

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Cobalt Violet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:55 PM
Response to Reply #19
24. I don't know if the state recognizes it or not.
I just want to work.

I really thinking I'll have a job in less than a week and that's what I want.

I've met a labor lawyer before on the job. Maybe I'll meet another. One thing I've noticed about lawyers; they need and get haircuts often.
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ScreamingMeemie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 05:43 PM
Response to Original message
2. Holy cow! 5 hours? How can one live on that? What do you do?
And she came out and told you that she reduced your hours based on heresay? Yowza. I'm sorry CV. :( :hug:
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Cobalt Violet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 05:52 PM
Response to Reply #2
7. It was a hairstylist job.
And this owner isn't a hairdresser and has no clue about hair.

She went around asking the other hairdressers if it was "unacceptable" for me to have taken 3 hrs to cut, virgin tint, foil highlight,and style a clients hair. My client had waist lenght really thick an quite gray hair.


I'm done with chain salons and non-stylist owners! :puke:
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ScreamingMeemie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 05:58 PM
Response to Reply #7
9. Oh God, I've been there. I was wondering if that was it. One time I got
into an altercation with a receptionist. Receptionists can make you or break you.

You know, back in the early 90's I worked for JC Penney's salons. It's a pretty busy place. The commission at the time was 50% with 10% of product sales. You received an hourly wage and then 50% of whatever you brought in over and above that wage. Benefits including paid vacation and health insurance. I don't know if they're still like that, but they were a decent employer and it's where I built up my clientele. Good luck. Non stylist owners are the worst. :hi:


P.S. IMO, 3 hours isn't unacceptable at all. And everyone knows that the people who work in salons can be the biggest backstabbers in the world. :(
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Cobalt Violet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:21 PM
Response to Reply #9
16. I was think about JC Penney's .
There is one within minutes from me at a mall. There are also a few salons in the mall . Those places are good for building a clientele. They are usually in need this time a year with extended mall hours.

I have so many salons in my area. I'm sure I'll be able to find work.


I knew you were a sylist from another thread a long time ago. So that's why I thought I'd run the 3 hrs. as unacceptable crap she pulled the other day by you. I don't see how I could have done it faster without doing a bad job.

I don't really blame the people I worked with for telling on my. I blame the owner for her reaction to it.
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ScreamingMeemie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:27 PM
Response to Reply #16
17. The foil alone, beginning to end on that length of hair would be a good
two hours, and I'm a colorist. So many of the chain salons are assembly line. I started out at BoRics, and they told us to stagger perm rods on everyone, and to only highlight the top and sides. Grrr. I'm sure you'll find a great job. JC Penney's believes in a lot of Con Ed...which can be good...and bad (the Clairol coloring system was a dragged out boring mess).
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Cobalt Violet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:47 PM
Response to Reply #17
22. 45 minutes for excellent gray coverage is what I do.
I do that for my hair, my friends' and families' hair too. So why would I ever do less for my paying clients?


The client loved her hair and paid good $$$ for her services. I wanted her to get her money's worth.

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ScreamingMeemie Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:51 PM
Response to Reply #22
23. When I apply a color, I factor in the 15 minutes it takes to apply, set a
timer for 20, and then comb through (on a retouch) for 10. But a foil on hair that length can take over an hour to complete just the foiling. I'd say you did a damned good job.
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xmas74 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:46 PM
Response to Reply #7
21. Can you do home work?
A friend is a stylist and she occasionally sees clients in their homes. They pay well over what she would have received at her workplace for the convenience of having someone come to their home during odd hours to do their hair.
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Cobalt Violet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 07:07 PM
Response to Reply #21
25. I've moved around too much.
I don't have enough people to do that with.

I do paintings and drawings from home. Sometimes I sell them and sometimes I don't.
I like to have a non art job to pay the cost of living so that my art work isn't dependent on market forces.

Plus working in a salon has been good for me. It gets me out of the house and forces me to be social. I really never know who I'll meet. I could spend 24/7/365 in my art studio. I need an excuse to get out.

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LeftyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 05:46 PM
Response to Original message
5. You can get unemployment for the cut in hours
and you should. They're trying to cut your hours so that you'll quit instead of being fired and they won't have to pay unemployment.
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Cobalt Violet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:06 PM
Response to Reply #5
12. I'd like to just to cost her but....
There are many, many other salons around me and this is the busy season and I know I can probably get hired at a much nicer place quickly this time a year. It's really to my advantage I to find another job immediately.

Her salon is in violation of many of the state license board regulations. She could get a nasty fine. :evilgrin: :evilgrin:
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LeftyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:17 PM
Response to Reply #12
15. You have an evil mind.
Once you're settled in at the new job and you've waited long enough thta it wasn't obviously you (getting a reputation as a snitch isn't good for your future employment prospects) go for it!
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RoyGBiv Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:10 PM
Response to Reply #5
13. Depends on the state, but ...

I rather doubt it.

In OK, for example, full-time employees, those who work in excess of 32hr/week, are entitled to unemployment benefits if their hours fall below 32. If they typically get 40 hours and start only getting 32, they cannot receive unenmployment compensation for the other 8 hours because 32 is all they are guaranteed.

Part-time workers, those receiving 31 hours or less/week, have no expectation of any set number of hours and cannot receive unemployment benefits for a reduction in hours.

This can be modified by employment contracts, but it is quite rare for a contract to guarantee hours/week for anyone receiving less than 32/week.

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LeftyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:16 PM
Response to Reply #13
14. I think it's a bit easier than that here in CA
I have no idea what it's like in her neck of the woods, but the application's always worth the stamp, IMO.
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RoyGBiv Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:30 PM
Response to Reply #14
18. True, but ...

There can be consequences unless you are denied outright. Such as, if you are initially approved but later have the decision reversed after company lawyers get in on it, you'll end up owing everything you received back to the government.

It is worth the stamp, but one should be aware of the potential problems.

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flamingyouth Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 05:47 PM
Response to Original message
6. Too bad you don't live near me.
I'm desperate for some part-time holiday help. :(

Sorry about your predicament. I think that really sucks and I'd never do that to one of my employees. :(
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Cobalt Violet Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 05:58 PM
Response to Reply #6
8. Yeah Seattle from Boston would be quite the commute.
I'm glad you would treat employees like this. She has always treated us like property. She demands that we come in on our days off and to stay late if after our shift. She has a real fit if we don't. She cut my hours once before for not coming in once.

It's not really a good idea to piss off employees unfairly.
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skygazer Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:02 PM
Response to Original message
10. You really ought to talk to the state labor board
I don't think that's a valid reason to cut your hours like that and she may be violating labor law in that as well as the forced overtime. It might not be a bad idea to check it out even if you're going to find another place - you don't want other people to have to get screwed like that. Good luck. :hug:
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xmas74 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-09-05 06:40 PM
Response to Original message
20. I collected when I was cut from 50 hours to 15 hours.
Edited on Fri Dec-09-05 06:44 PM by xmas74
They subtract the hours you do work.
(on edit: seeing other posts-I do admit that I did claim sexual harrassment and did have the evidence to back me up)
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