Do I qualify for unemployment compensation after quitting due to pay changes?

Full question:

My employer told me (in interview and throughout the employment) I would receive, in addition to an hourly wage, a 'nice check' every six months based on the profits of the company. The first 'six month' check was terrific, the second one was, I was told at the time, based on my performance, which apparently had not been to their liking. My employer told me one thing during the interview regarding my pay, then changed the parameters without telling me. I quit a day later because I can't live on the small hourly wage. My question is: do I have much of a case for unemployment compensation? I have filed a UC claim but was denied, I'd like to appeal if I have a chance.

  • Category: Employment
  • Subcategory: Benefits
  • Date:
  • State: Florida

Answer:

Whether you qualify for unemployment compensation depends on the circumstances of your resignation. This situation may involve a claim of constructive discharge, which occurs when working conditions are so intolerable that a reasonable person would feel compelled to quit. To establish constructive discharge, you generally need to prove:

  • The terms of your employment were so difficult that a reasonable person would have felt forced to leave.
  • Your employer caused these difficult conditions.
  • Your resignation was a foreseeable result of these conditions.

Some courts also require evidence that the employer intended for you to resign. To support your claim, you may need documentation, such as a medical or psychological recommendation, indicating that workplace stress made it impossible for you to continue working. Employers can change pay structures unless it violates an employment contract or is discriminatory. If the changes were applied uniformly and did not breach any contract, it may ultimately be a personal decision whether to stay in the job.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Constructive discharge occurs when an employee resigns due to intolerable working conditions created by the employer. To prove this, the employee must show that the work environment was so difficult that a reasonable person would feel compelled to quit. Additionally, it must be demonstrated that the employer caused these conditions.