Can I collect unemployment

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Can I collect unemployment

My employer has reduced my pay by 25%. Also, he laid off another employee and is expecting me to do her job. Can I quit and collect still unemployment?

Asked on February 12, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you may not. You may not receive umemployment if you voluntarily leave employment (i.e. quit or resign). Since in this country, your employer has the right to work you as hard as the employer likes and there is no upper limit on how many hours you can be required to work, and since the employer also controls what you are paid and can reduce your salary/wages at will (unless you have a contract to the contrary; without a contract, you are an "employee at will" and your employer controls all aspects of your job), the employer has the legal right to reduce your pay while requiring you to do more work. Since they have the legal right to do this, if you quit for this reason, it will be regarded as a voluntary separation from employment and you will not be eligible for unemployment.


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