Tags: acceptable, attorney, company, employed, employment, jerseybri, labor, law, lawyer, legal, owner, sold, state, time
Acceptable Reason To Quit?
The state is: ? New Jersey
I was employed with a small company from 7/06 to 12/07 at that time the owner sold it to a HUGE corporation. When it was a small company I was considered a salaried employee and therefore not entitled to any overtime; and we all wore many hats.
When we were taken over; the new company came in like gang busters and from day 1 it was "you have a job/we don't need you"; everyday was like walking on eggshells. I had to start using 2 computer systems and my sales force went from 2 to 9. I was told that I would only have to enter all information into the one system for maybe a 2-3 month period; after that all information would be automatically generated. Eleven months later and I was still doing it manually. This may seem easy but; with orders of up to 20 lines and I had to enter the item number; price; qty; delivery or pick up; payment terms; discounts or freight rates; pallet charges etc - it became more and more lengthy with each order.
My coworkers & I were working from 7am to 5pm without taking any lunch; just to get the work done. In July '08 I started tracking my time in their system to show them that they do need us there and we could actually use help. Guess What? I wasn't a salaried employee anymore; I got paid for the extra hours I put in...which would've been fine but what about all the hours I worked from Dec '07 to July 08 that I never knew I was eligible to get paid for. The company had nothing to say and in September we were told no overtime was allowed. However in speaking with others in our corporate offices; they were allowed overtime; just not in our location.
In November our corporate offices advised me I needed to take on an additonal piece of work. I advised them I could not take on any more; without setting myself up to fail. I already worked 7-5 with no lunch and took work home with me..they're response was "well it's on the job description and the others up here do it"...BUT...the others don't do the other things I was doing. My job was nothing of what they're corporate offices were; and I was told I needed to find time to do it. I was shaking like a leaf; my face and ears were red, my heart was palpitating; I could not believe they were telling me I had to make time to get something else done when I did not have the time to get everything else done. So I took that weekend and thought about it and I went in on Mon 11/23 and gave my two weeks notice. At 1:00 they asked for a resignation letter and at 2:30 they said I could go home and they would pay me the two weeks...
I waited the two weeks then applied for unemployment. Now I have to wait 30 days for a phone interview because there may be a question as to whether I left due to work related reasons...
I obviously didn't go into all the details that made me quit; but those were the two that broke the camels back...Do you think I will be granted my unemployment? If I'm not granted the unemployment do you think I would have a chance at an appeal?
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- 14 Comments
- Job descriptions are not legal documents. Your employer may legally change your job description every day if he wishes.
Even if the economy weren't bad, your employer could still legally give you more duties (and would not have to pay you additional).
You are free to quit any time you like; that's part of at-will employment. You are NOT free to quit any time you like and still receive UI. UI is designated for those who lose employment through no fault of their own, not because you didn't like what your employer wanted you to do or felt that you were being overworked.#1; Mon, 29 Dec 2008 14:05:00 GMT
- If it were your unemployment claim, would you take the risk? I sure wouldn't.#2; Tue, 30 Dec 2008 10:42:00 GMT
- The fact that my daily job duties did not even remotely match what the job description was and even though they wouldn't pay me for the extra hours I worked; that isn't reason enough to quit?
Am I understanding this correcly? Because the economy is tough; it gives employers the right to dump more and more work on you even when you say you can't handle anymore?#3; Mon, 29 Dec 2008 13:42:00 GMT
- Economics are never taught in high school.Quote:Employers have the legal right to do this even when the economy isn't tough.
That's why we have questions like this post.#4; Mon, 29 Dec 2008 14:00:00 GMT
- I hope not because they think it will be less work!#5; Mon, 29 Dec 2008 19:12:00 GMT
- Thus is life.Quote:The fact that my daily job duties did not even remotely match what the job description was and even though they wouldn't pay me for the extra hours I worked; that isn't reason enough to quit?
Am I understanding this correcly? Because the economy is tough; it gives employers the right to dump more and more work on you even when you say you can't handle anymore?#6; Mon, 29 Dec 2008 13:48:00 GMT
- I think your chances of receiving UI are slim. Usually to quit and still receive benefits there has to have been some illegality on the part of the employer, or else (in some but not many states) a major cut in pay (most states will pay partial unemployment benefits if you stay on the job at a reduced rate but not if you quit so that you have no income instead of some income). It is rare indeed for unreasonable work expectations, especially in an economy where employers are having to cut back drastically in order to stay alive, to be a valid reason to quit and still get unemployment. However, I've been wrong before and UI offices have made some odd decisions in the past.
I would think, however, that your employer would have more of a chance of getting the decision changed on appeal if you ARE granted benefits, than you would if you are not.#7; Mon, 29 Dec 2008 12:44:00 GMT
Employers have the legal right to do this even when the economy isn't tough.#8; Mon, 29 Dec 2008 13:59:00 GMT
- Thank you all for your help.
I will definitely remember the two rules for success!
Please don't get me wrong; it's not that I don't want to work - I do. I just don't think I should be treated like a work mule.
I guess now I have a better understanding of why so many people want to go into business for themselves.#9; Mon, 29 Dec 2008 16:43:00 GMT
- And when the employer stated that he was not making any effort to get the job done and there was excess work piled up because he was refusing to put any extra hours in, unemployment would have been denied.#10; Tue, 30 Dec 2008 09:01:00 GMT
- Why is that? The employer forbid the OP from working (or at least submitting) any overtime.Quote:And when the employer stated that he was not making any effort to get the job done and there was excess work piled up because he was refusing to put any extra hours in, unemployment would have been denied.#11; Tue, 30 Dec 2008 10:25:00 GMT
- It seems that if your primary consideration were to receive unemployment, then you should have cut back to 8 hours a day and let the excess work pile up until they fired you.#12; Tue, 30 Dec 2008 00:30:00 GMT
- Based solely on your post, you quit voluntarily.
Obviously, appeal the UI ruling.#13; Mon, 29 Dec 2008 12:40:00 GMT
- It can certainly be reason enough to quit, it just isn't reason enough to collect UI benefits.Quote:The fact that my daily job duties did not even remotely match what the job description was and even though they wouldn't pay me for the extra hours I worked; that isn't reason enough to quit?#14; Mon, 29 Dec 2008 13:58:00 GMT