Boss laid me off, then at the last minute offered me a huge reduction in hours and won't approve my unemployment. What do I do?

I work at a bar/restaurant. We have been doing really bad lately and I got a call about a month ago from my boss saying that their investors recommended that we close the restaurant for the month of January. I was of course bummed initially, but she told me they would approve my unemployment and that eased my worries while I look for other work. Well, today was supposed to be my last day (for at least a month, they said) but at the end of my shift she offered me 17 hours, 4 days a week. I currently work 25 hours and am BARELY treading water (I've been looking for a job the past 3 months, but winters here are really really difficult to find work.)

Basically, I emphasized to her that taking such a big pay cut, but potentially making just enough where I don't qualify for benefits, just doesn't work for me, and that I would need at least the current 25 hours or to be laid off completely. She told me no, they will not approve my unemployment because they are offering me 17 hours. I told her I'm barely scraping by now, she told me oh well. I also asked if she knew anywhere else hiring since she has friends in the industry and she goes "No one's hiring right now." Oh ok perfect thanks.

I'm at a loss. I've applied for over 50 jobs in the last 2 months. The city I live in has a notoriously horrible job market. And to top it off, I start trade school this week (7 month program). So I also need somewhere that will work with my hours.

Any advice or even just some validation. I'm so beyond stressed and disappointed and saddened.

Jobadvisor:

This is a really tough situation, and it's completely understandable that you're stressed, disappointed, and saddened. Your boss's actions are problematic, and you're right to be concerned. Here's a breakdown of advice and validation:

Validation:

• You're not overreacting: Your concerns are valid. A significant reduction in hours, especially when you're already struggling, is a serious issue. It's also unfair of your boss to initially offer support with unemployment and then retract it when it suits them.
• The situation is difficult: Dealing with a poor job market, starting trade school, and facing a sudden change in employment is a lot to handle at once. It's okay to feel overwhelmed.
• Your boss's behavior is questionable: Offering drastically reduced hours while simultaneously refusing to approve unemployment is a tactic some employers use to avoid paying unemployment taxes and keep employees on call without providing adequate income.

Advice:

1. Document everything: Keep records of your conversations with your boss, including dates, times, and what was said. Save any emails or text messages. This documentation will be crucial if you need to pursue unemployment benefits.

2. Apply for unemployment anyway: Even though your boss said they won't approve it, you apply for unemployment. The unemployment office, not your employer, makes the final determination. They will contact your employer, and your documented conversations will be helpful. A reduction in hours can qualify you for partial unemployment benefits in many states.

3. Contact your state's labor board or unemployment office: They can provide you with definitive information about your rights and eligibility for unemployment benefits in your specific location. They can also advise you on how to proceed with your claim.

4. Consider this constructive dismissal: In some jurisdictions, a significant reduction in hours can be considered "constructive dismissal" or "constructive discharge." This means that although you weren't formally fired, the change in your employment conditions was so drastic that it effectively forced you to leave. If this applies in your area, you may be eligible for unemployment benefits. The labor board can provide guidance on this.

5. Continue your job search aggressively: Despite the difficult job market, keep applying for jobs. Focus on positions that are flexible and could accommodate your trade school schedule. Consider temporary or part-time work to bridge the gap.

6. Explore resources for trade school students: Many trade schools have career services departments that can help with job placement, internships, and financial aid. ¹ Reach out to them for support.  

7. Don't give up: This situation is challenging, but you're taking positive steps by pursuing trade school and continuing your job search. Keep advocating for yourself and exploring all available resources.

8. Regarding your boss's "no one is hiring" comment: This is almost certainly untrue. While the job market may be tough, businesses are always hiring somewhere. Your boss is likely trying to discourage you.

It's important to remember that you have rights as a worker. Don't let your boss's actions discourage you from pursuing the benefits you may be entitled to. Take action, document everything, and seek professional advice from your state's labor board or unemployment office. You've got this!