QUESTION
What can I do if my employer is threatening to fire me for collecting partial unemployment?
Asked on Apr 27th, 2015 on Labor and Employment - Oklahoma
More details to this question:
My employer has a federal contract, I have been working in the building where the federal contract is for, for over a year doing 40 hours per week (pay is every 2 weeks). My employer texted me Friday to let me know my hours are changing from 40 hours a week to 27.50 hours per week due to having to watch hours at this time. I mentioned partial unemployment to cover which will be 25 hours per pay period I will be losing. So now I am afraid to do anything but will be taking a lose from my pay check of 350.50 per pay check. Is this legal for her to do this?
1 ANSWER
While an employer cannot fire someone for seeking or asking about unemployment, it would be your burden of proving that the firing was for that purpose. In Oklahoma, the workforce is generally an at-will employment environment (with few exceptions), where no reason at all can be a basis for firing (or for an employee leaving employment, also). If your hours have been drastically cut, it could be that you have been constructively fired and you would be allowed to quit and still be able to obtain unemployment compensation. But, be very careful with this, as there are pitfalls & consequences in just quitting a job (such as not being eligible for any unemployment compensation at all). You should seek the advice of an attorney in your area before you take such a drastic step as leaving your employment, but don't wait too long to talk to one, as in Oklahoma, if you accept the new terms of employment, you may not be entitled to unemployment compensation.
Answered on May 01st, 2015 at 11:10 PM