Is it illegal for an employer to fire an employee for filing for under employment?

Asked about 3 years ago - Greenville, MI

I was hired as part time but I was working 32 to 38 hours a week and we got slow and the knocked my hours down to one to two days a week

Attorney answers (3)

  1. Edward Jacob Sternisha


    Contributor Level 17


    Lawyers agree

    Answered . If you are an "at will" employee (not in union, not working under a contract, etc.) which most jobs are, you can be fired for nearly any reason (except those protected by law such as, race, gender, handicap, etc.). Now you may file for unemployment. Keep in mind, Michigan just changed a few weeks ago and instead of being eligible for a maximum of 26 weeks of unemployment, you only have a maximum of 20 weeks so get looking for a new job right away. Good luck!

    The comments listed here do not create an attorney-client relationship. The comments are for informational... more
  2. Joseph T Ostrowski

    Contributor Level 13

    Answered . Your not fired and their is no such thing as "under employment". To qualify for unemployment you must work for a specified period of time and not be let go for cause. Sorry if business has dried up, your job may be eliminated and at that point you may want to file for "unemployment". It might be time to look for a better job.

    It really sounds like you were laid off or that your job is being eliminated due to hard financial times.

    Good luck.

    Legal disclaimer: I am not your attorney and we have no attorney/client relationship. This response is submitted... more
  3. Kirk J. Angel


    Contributor Level 16


    Lawyer agrees

    Answered . First off, I am not licensed in your state and I do not know how the law on unemployment is written there. Second, I am not exactly clear what your question is. Even so, here is some info that may be helpful.

    Many states allow you to collect partial unemployment benefits if your hours have been substantially reduced (usually more than 15-20%) due to no fault of your own. Again, I do not know if that is the specific law in your state. Additionally, many states prohibit retaliation against an employee because they have exercised certain rights under their state's law covering unemployment. The example would be where an employee files for benefits in a reduction of work hours case then the employer decides to fire the employee for the unemployment claim. I do not know if that was your situation and I do not know if that is the law in your state.

    However, I recommend that you speak to an attorney who is experienced in employment law matters. You may be able to find an attorney via the National Employment Lawyers Association which has a directory for lawyers in each state. I am including a link at the bottom. Good luck.

    Kirk J. Angel is an experienced North Carolina licensed attorney who focuses his practice on employment law. Mr.... more

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