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Home > Careers & Employment > Law & Legal > Can an employee in CA be moved from full to part time status and have to sign away the right to unemployment?

Can an employee in CA be moved from full to part time status and have to sign away the right to unemployment?

Category: Law & Legal

mlholley1mlholley1


So my fiance's company is cutting anyone who isn't in management to part time. There is a "form" that they will have to sign. We're guessing it has to do with giving up the right to partial unemployment. It is legal to require that, and what options are left for the employee who doesn't want to sign? Can he be fired? I would hope that if he doesn't sign, he would be laid off...but this is California, and I don't understand how the "at-will" employment would factor into this. Any help or advice is appreciated. Thanks.

WRG
WRG

You can't sign away rights to UI benefits. The only thing the form could say to have that effect would be "I request to be moved to part time."

Let's look at the possible outcomes here.

He signs it and doesn't file for unemployment: He is a part time worker making less money but if they bring them back to full time in the future he will still be there.

He signs it then goes and files for reduction in hours. He will have to tell UI that they told him he had to sign the form or he would be terminated. They would investigate and see that many employees had to sign the same form. The company is then either going to fire him and he will get UI or they won't and he will get partial UI.

He refuses to sign it. He gets laid off and he gets UI.

LadyCatherine
LadyCatherine

Your guessing..? have you not looked at the form?

lucy
lucy

My guess is that the form that they all have to sign is informing them of their loss of benefits. As a general rule, most PT employees are not eligible for benefits whereas most FT employees are.

ie; Health Insurance, 401K, Vacation Time etc

Since this company is cutting all employees of non management to PT, sounds like they are in financial straits and by doing this, they hope not to lay people off.

Looks like the writing is on the wall and your fiance should update his resume and find another job. And yes the company can do what they want, cut hours, benefits, lay off or fire him.

good luck


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