If I’m working full time but my hours have got cut quite a bit, can I file unemplyment without getting in trouble?

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If I’m working full time but my hours have got cut quite a bit, can I file unemplyment without getting in trouble?

Work less than 32 hours a week. Wages are $14.28. I have never claimed before and I am intimidated. I am worried that if I file that my employer will try to deny benefits and/or retaliate. I just don’t want to get in trouble and get fired.

Asked on May 9, 2012 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The issue is not how many hours you are working per se, but how much your hours (and therefore wages) have been cut from what you had been earning. If you are earning sufficiently less than you had been previously, you may be eligible for partial unemployment benefits (as long as you are working, you will not be eligible for full benetifs). If you were  cut from 40 to 20 hours, say, there's an excellent chance you'd qualify; if you were cut from 35 to 30 hours, you would not.

The best way to find out what you might be eligible for, and hence whether its worth putting in a claim, would be to contact your state's Employment Security Division, whether over the phone or online, and see how the eligibility rules apply to your exact situation (prior hours, current hours, etc.). Below is a link to an their webpage:

http://nvdetr.org/esd%20pages/ui%20eligibility.htm


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