Can I get unemployment if my hours have changed?

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Can I get unemployment if my hours have changed?

I have been working at a car dealership for 2 years now detailing cars. They now have an outside company coming in that is paying less and the hours are changing. This is a problem because Ilive 45 minutes away and I usually work from 8 am to 9 pm every other day. They want to change it to 9 – 5 everyday. Can I get unemployment?

Asked on August 1, 2011 Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are still employed by your employer with set hours you are not entitled to unemployment insurance. Unemployment insurance only applies to those former employees who have been terminated from their positions or have been forced to terminate their positions due to unusual circumstances such as "constructive termination."

A constructive termination occurs when an employer makes it so onerous and difficult upon the employee that he or she is forced to quit his or her position with the employer. In effect, the employer gets the employee to leave the company where the employee essentially gives his or her own notice to quit.

In your question's facts, you are still working substantial hours under your new schedule. You would not be entitled to unemployment benefits.


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