Can I get unemployment if my hours have changed?

UPDATED: Aug 1, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption