Employment - South Holland,IL

My question is why? Is he the only one? The unions don't solve everything. About 6 years ago the place my husband works had the union come in (only 1 or 2 people wanted them out of hundred). Told management if you don't join us we will put you out of business in 2 to 3 years. The company decided that since its competitors were joining and their clients needed union companies to work on their jobsites they had to join. Since then we had the housing industry go belly up. A lot of union and non union people were let go. The union doesn't stick up for anyone. The only people who benefited from the union coming in and taking their percentage of employees pay. Seniority doesn't matter anymore. Anyone can be laid off anytime or demoted.

Try contacting Interfaith Worker Justice: http://iwj.org/template/index.cfm
They are a Chicago-based national organizationthat deals with situations like this. They may be able to help, explain and/or fight his situation.

The folks in the local office are very nice.

I'm so sorry for whats happened to your brother-in-law, but this is why unions are so important. My grandfather fought to start them in the steel mills after the depression, with the beatings, and violence that goes along with passion in your beliefs of whats right and wrong. They're not perfect, but they do protect you as far as your rights as an American worker. Whenever you see a group of people in front of a store, with signs that say 'please, don't shop here, non union', walk away, shop somewhere else. If your driving, honk your horn to these men and women, who have given up a day of their time to support their fellow workers. Appreciate now, all the sacrifices and deaths of many men and women all over this country during a time when big business fought so hard against the unions. If we continue to ignore this, we can expect pay to be below the average, long hours, no breaks, lunch, benefits, and on an on. This also goes along with buying American products. Again, not always perfect, but this is America, and we need to value and support our country. The reason we're in this mess, especially unemployment is that jobs have gone overseas, where there are no unions, no minimum wages, no benefits. There's one simple thing we can all do to keep this beautiful country of ours a united USA----simply buy AMERICAN!!!!!!!!!

Unfortunately it is legal. The employer reserves the right to change the employee's status at anytime - hours, position, benefits, etc. However, as others have mentioned, he should be able to qualify for unemployment anyhow.

He may qualify for unemployment benefits due to his reduced (not his choice) work hours. He should definitely call his local unemployment office and see if he can open a claim! My husband has done this in the past and it is allowable. We're in PA, so not sure about IL. Good luck!

I believe he would qualify for unemployment. You are allowed to work while collecting unemployment. The hours and income are limited but it is allowed.

J.,
Your employer can do whatever they want. If they want to fire you, they can do it. If I worked for a company for 39 years...I would select a retirement package.

I did not read through all responses, so I apologize if someone already posted this...but my understanding is that if hours are cut that drastically, you are still eligible for unemployment to make up for lost hours. (someone told my husband that when his hours got cut, but we never investigated because his isn't all the time.) Anyway, not sure if it's true, but may be worth looking into...just get in touch w/ your local unemployment center...they will at least help w/ any options that may be available. (I was on unemployment about 9 yrs ago and got lots of help!) Best of luck to your bro-in-law.

If you owned a company and business was slowing down. Would you a) keep everyone's hours the same and within months, close the door b) reduce everyone's hours c) terminate employees.

Most people don't look at it from the company's point of view - because they don't run the company. I suggest as long as his insurance is being paid and he's still working, he shouldn't do anything. No, I take that back, what if he finds a second job?

Wow, I am sorry about your brother in law. I wonder if the company/ place he worked for actually paid into his possible unemployment insruance?! I can't say that it's illegal to cut his hours, a lot of places are doing that, but 1 day a week is quite unreasonable.
He needs to seek information online about unemployment, if he quits there are cases where he will qualify after an interview with the unemployment office showing that he was forced into quitting basically. Ultimately they will make that determination based on the facts. If his hours are being cut to 1 day then the co may not be doing so good anyway. You might want to suggest consulting with a lawyer as well.

He can continue to work and apply for unemployment due to the cut in hours and pay. He can receive it until his pay returns to where it was.

In IL it's legal... Other states may be different. It really is unfair, but there is honestly nothing he can do. He can try calling the state labor board and get advise.
My husband has worked at Toys R Us for 24 yrs and they started doing the same types of things in order to get the long term people to leave the job. It's so unfair!!

If his salary and hours were cut he CAN file for partial unemployment. It can be done online.

What the company has done is complete legal unless he has a contract with them. Some people are hired to do a certain job and sign a contract to what his pay, hours and job description is but more than likely that is not the case here.
There are many reasons the company has done what they have. It prevents them from having to pay a lot of unemployment out. They hope that he will just quit and they will not have to pay any benefits out. One thing your friend should also check out is, will he still have his insurance with them since they cut his hours? Some companies require that employees work 35 + hours each week to qualify for insurance.
He can not just quit and collect unemployment unless they has singled him our for some reason,(in other words discriminated against).
He may be eligible for partial unemployment depending on how much he makes. He may want to contact his local office to check this out.
Health insurance is not a reason to stay at a job. If you can get a better job don't stay in one place because of health insurance unless there is someone in the family that has an ongoing illness that would be considered preexisting.
I wish him best of luck. Many people in his age bracket are going through the same thing. To young to retire and to old to find another job. It is tough.

First I will say upfront that this response is coming from someone who owns a small business! Have you thought of it from the business's point of view? It could be that if they don't cut some hours and costs that the entire business wil go under and no one will have a job. If they have been a fair employer up until this point, I suggest showing some loyalty to the company and support them even if it means taking a cut. I am guessing at 39 years of service he would be close to retirenment, is that a possibility? I know it is tough but everyone is struggling with the tough economic times and I don't see it changing anytime soon. I don't really see anything illegal that they have done.

Illinois is an "at-will" employment state which means this is legal, unfortunately, as cruel as thi sounds. I am actually very surprised he has been allowed to keep his health insurance since he is only working one day a week. Most don't provide it for anything under 40 hours. And if he quits, you are correct, he cannot receive unemployment. He has to be laid off from the company to get those benefits.

He can quit and collect unemployment due to the change in the work environment (salary cut and reduce hours). Check to make sure, but I think he can.
In terms of health insurance, if he has child(ren) he can also apply for allkids.

That happened to someone I know as well. He needs to check with the unemployment office, because there is such a thing as partial unemployment, where he will still work the 1 day a week at the job, but will get some unemployment compensation, to make up for being cut so drastically.

Depends on the state he lives in. Illinois is an "at will" state meaning a business can change hours, let someone go or someone can quit - at will. If he quits, you are correct, he will not collect unemployment or insurance. I would look for another job in the 4 days he's not working. Unfortunately in this economy, there's not much our there. However, it's easier to get a job when you've still got one - and technically he does. Try to keep a positive outlook - he's got something and he's still got health insurance. When interviewing for other jobs, keep a positive outlook - if they ask why he's looking, simply state that hours have been cut and he needs more than what he's getting.

I'm going to assume he started working this job right out of school and is still fairly young in terms of being able to retire. If he works in Illinois it is an at-will state meaning that there is not and understood agreement of giving notice on either persons behalf that the job will change and either party can choose to continue the changed relationship or sever it. This said he should take this as an opportunity, unless of course they keep changing that day he is required to work. They are giving him something valulable which is health insurance, at this point in time he needs to figure out where he wants to go with his career and start trying it on for size while he has a insurance cusion without paying cobra rates. I know it is a hard time to get a new job or open a new business, but a person with motivation will take a look at the industries that are still in demand and decided what they want to do. Also if he is having problems with finding something that fits around his current position, he could talk to them and say look I understand your need to cut costs and I am on board but could you help by moving my work day to another day or timeframe. With how badly the economy is screwed up it's time to think outside the box.

Hi J.,
Sorry to hear your brother in law's news. It is very common these days!
My post is a bit different than the others. I wanted to offer my services to help him with the health insurance problem. I am an independent broker, so I am able to quickly give him pros and cons of the various carriers. I can send over as many quotes as he needs too. My services as a broker are FREE. I would be happy to discuss any questions he has, if necessary.
I hope that helps a bit.

A.

My work requires that I understand the unemployment laws in IL very well. I know that if the employer changes the hours or pay in any way the employee can quit and collect unemployment. Of course, he'll loose his health benefits, but the unemployment should be more than what he would make only working one day a week. I urge him to quit AS SOON AS THESE CHANGES ARE PRESENTED. If he works the new schedule and pay and then quits, it will be much harder for him to proove that he was quiting because of the changes.

J.,

I heard as well if there is a significant reduction in hours, he may be able to receive unemployment, contact your local office.

First of all I am trying to understand why he would want to quit. Is the job too stressful? Is it time for his retirement and they do not want him there anymore? Wow 39 years is a long time at a job, hope this is more hypothetical than reality- he may love it.Correct, he cannot just quit his job and get unemployment. He can retire and get whatever his rights are, he can get fired and apply for unemployment or let go and file for unemployment and not necessarily get it, but he can try if that was the case. It is probably not very nice that they could take his job and cut it down and cut his salary but they can do it if he accepts it meaning he performs the duties required, shows up for work when he is supposed to (such as the one day) and accepts the pay for it. Does he have a contract of any kind? That would stipulate whether he might have these situations arise. As in contract says something like and we can do whatever we want at any time. However if he was there for thirty nine years he might not or it has changed throughout the years. Oftentimes things were established as a verbal contract. So there might not be anything in writing if there is no union.
If a place lets someone go - lay off, he might be able to get Cobra which is extremely expensive Health Insurance.
If he is in this situation right now they might start looking for some form of Health Insurance just to estimate costs and/or Health Discount programs. He is old enough to be in AARP which is only a few dollars to join and they give all sorts of wonderful information I am assuming he is older than fifty.
There are places where people have changed all sorts of things around for the employees and then were able to change them again. You are kind to want to help him. You might want to call IL dept of Labor and ask for brochures on worker rights.
I was just rereading something from another poster. I agree that is he is already down to one day a week perhaps he might look for another part time while he is employed there, also. Wish him good luck for us.

what the company has done is completely legal. Your brother in law may earn too much to collect unemployment. At my job there has been an overall 5% reduction in salary for every employee with the exception of those that are hourly. It is common practice and please make him think positively. My father and brother have all lost their jobs and the stress is unbelieveable. Good Luck to your Brother in Law. Remind him how lucky he is to have health insurance. In a couple months it will be very difficult for my family to maintain their health insurance payments. Hopefully some of the new laws will be passed which will allow some additional coverage through the government.

This is happening where my mom works (in Michigan); most of the staff has been cut down to 50% hours. He can probably collect unemployment for the reduced hours, but he may not want to because you can only collect a certain number of weeks per year (and he may need the money more if he gets completely laid off.) The rules differ from state to state, so he should check on the details.

Most likely the company is trying to allow people to keep their health insurance while cutting salary costs temporarily, assuming others are also being affected - does the company say that they are hoping to bring people back on? He should definitely keep his health insurance as long as possible. The best bet would be for him to find something else to supplement his income. But he should not quit (without another plan for health insurance) if he is under 65 (age for medicare eligibility).