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I work at a company where my status is "salary exempt", I don't get paid for time off, is this legal? |
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can My boss withhold my paycheck? |
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Charles |
Can I file for unemployment?
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About a month ago I was working security for an oil field through another security company. The oil company let go of some of us and I was told by my boss I was laid off and to talk to corporate for a new post. I talked to them and they offered me 1 other place making around 3 dollars less an hour with less hours. Being that I couldn't make enough I told them I couldn't take that post.. I then was offered a post in which they called me daily and told me where to go and when.. I never received calls from them and when I talked to them last they didnt have any posts for me. Its been roughly a month now and I havent heard from them. I still have all my uniforms and stuff and havent been fired/quit.. the last time I heard I was simply laid off from my first post.. Is unemployment an option? I worked at the plant for around 4 months.
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2010-05-06 23:41:37 +0000
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The person who said the company is trying to get around paying unemployment for you is incorrect. People can file for unemployment even for lack of or reduced hours, and employers know this. You can try to file for unemployment, but it depends on how long you have been in the workforce as to whether you are eligible for benefits. I believe you have to have been employed for a minimum period totaling either 12 or 18 months, but I'm not sure of the exact number. Basically, even though you've only been employed here for 4 months, if you had a job previously and were employed for the previous time required, you would likely be eligible. But if this is your first job, then you have not put enough time in to be eligible for benefits.
Go ahead and apply and see what happens. You will simply tell them that you were laid off from one post, and have had no hours in the other one. Good luck to you!
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2010-05-06 20:52:34 +0000
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It sounds to me like they are trying to lay you off and preventing you from getting unemployment. Apply for unemployment and the company will probably try to dispute it. You will then be able to appeal it and explain the circumstances. The good news is that if you win (which you should be able to) you will get all of the unemployment payments from the time you were laid off. Good luck.
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2010-05-06 20:39:35 +0000
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Well if they told you that you were laid off.. it is best to get something about them laying you off on paper so you have proof. I would go ahead and file a claim, and start filing you weeklies. It couldn't hurt. Now if you apply and they deny you then the company is not saying they laid you off. I know ppl that has happened to. So do that, and see what they say. :) Good Luck.
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