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    deceptive hiring

    Jurisdiction / State: Texas

    Recently took on a part time job described as a merchandiser position. After working for this place for about 2 months it has become anything but that. I have been doing heavy duty resets involving resetting shelving and lifting heavy objects. They are currently requiring me to climbto the ceiling on a ladder to remove old fixtures which I am unable to do. This part time job has been all but taken over my life and I have no control on jobs to accept. The manager continues to schedule so much work to do there is no way one can accomplish in a 8 hour day. Furthermore if one does not complete the weeks assignments they tell you you have to work the weekend to get them finished. I never worked this hard when I had a full time job with benefits. To make things worsr when I get home I have to enter all of my work on the computer sometimes taking up to 2 hours. All of this of course is with no pay. we have to pay for all of our computer paper and ink which is very expensive. Texas workforce tells me i can`t quit without this afffecting my unemployment benefits. They say they consider part time work a real job and treat it thesame as such and would have to investigate as to why you quit. Anything I can do to get out of this terrible situation and keep my unemployment benefits?

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    Other than finding another job? No.

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    Wow, that certainly sounds like hard work, very hard work. Be careful, you might hurt your back or neck or arms or legs or something doing all that HEAVY lifting.
    I sure hope you haven't already injured yourself, because then you'd have to file a workers compensation claim. Thank goodness that the medical costs wouldn't have to born by you. The employer's insurance carrier covers that, even medications and rehab. Texas has a very good workers comp system.



    Heck, you can even get a lawyer, free of cost to you, to make sure you're treated properly and fairly. Well, let's hope I haven't jinxed you and you get injured tomorrow, or you've already injured been injured and thought you had no recourse, because you don't have to suffer and keep working to get UI when you could receive workers comp benefits and maybe UI, too!!!


    Take care, I hope I haven't frightened you.

    Quote Originally Posted by ghagood View Post
    Recently took on a part time job described as a merchandiser position. After working for this place for about 2 months it has become anything but that. I have been doing heavy duty resets involving resetting shelving and lifting heavy objects. They are currently requiring me to climbto the ceiling on a ladder to remove old fixtures which I am unable to do. This part time job has been all but taken over my life and I have no control on jobs to accept. The manager continues to schedule so much work to do there is no way one can accomplish in a 8 hour day. Furthermore if one does not complete the weeks assignments they tell you you have to work the weekend to get them finished. I never worked this hard when I had a full time job with benefits. To make things worsr when I get home I have to enter all of my work on the computer sometimes taking up to 2 hours. All of this of course is with no pay. we have to pay for all of our computer paper and ink which is very expensive. Texas workforce tells me i can`t quit without this afffecting my unemployment benefits. They say they consider part time work a real job and treat it thesame as such and would have to investigate as to why you quit. Anything I can do to get out of this terrible situation and keep my unemployment benefits?
    Last edited by army judge; 04-26-2012 at 02:31 AM.

  4. TheLaw Graduate Distinguished Member
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    Welcome to the world of retail. Although some large chains do have dedicated crew to do resets, many do not. The chain I used to work for had very limited staffing in each store and they performed all functions from unloading trucks to running register and sweeping floors. Not everyones "cup of tea" for sure.

    One plauseable route to preserve your UE benefits is to document a pattern of illegal or unreasonable demands made by the employer. Example: Working significantly longer hours than advised at hire, being required to perform hazardous work which was not explained at point of hire and for which you haven't been trained. Being required to perform work "off the clock". With enough documentation you could claim "Constructive Discharge" (a work environment which forced you to quit). Even if you have valid issues, there is no guarantee this strategy would work, much depends on your employer's actions and your documentation. The best route is of course to find another job before you quit.
    Good Luck

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    Super Moderator Samaritan & Scholar

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    Psst...Ida, you know I love you, but this post is from back in April....

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    She's new to the forum - can we excuse her this time?
    The smallest act of kindness is worth more than the grandest intention.

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    Super Moderator Samaritan & Scholar

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    I think we can...

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    TheLaw Graduate Distinguished Member
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    Oops!, I was looking for a post to respond to to check out my new avatar. Didn't notice the date. THX for the pardon htis time.

    Re:my moniker- back in the 90s many of us simply used the first part of our regular "off-board" EM address for a moniker on the SHRM board. Mine was (and still is) LDA01. Only when typed in lower case as I always have, the board font made the L look like an I. Hence I contracted a bad case of gender-reversal on the board which still lingers. Since my last two employers have been predominately female, being addressed with female pronouns is however a common occurance and no big deal. I'm just gald to be here. ( H@#$, at my age I'm glad to be anywhere.)

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    I probably knew you back then on the SHRM board. I may be back there one of these days.

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