[bushg]

I have worked for a co. for almost 10 years. I work the weekend a total of 48 hours.

My boss gave me some papers to sign stating that I am a part time employee.
If I sign these will it have an effect on social security or if I am ever laid off will it effect how long I would be able to draw unemployment?

A few months ago this came up about me being part time and my reply was I'm full time because of hours that I work, am I right or wrong?:confused:

[Emland]

If you are working more than 30 hours per week the commonwealth of Virginia considers you full time. I would suggest you contact the employment commission in your state and find out what they say is full time.

Maybe he wants you to sign it because he doesn't want to offer benefits. His unemployment insurance is going to be based on the number of hours you work - not what designation (full or part) he gives you. (I am presuming he is withholding SS, Medicare and Federal Withholding.)

I would ask why he needs the signature.

[margarita_momma]

If you work over 32 hours in a week then you are considered full time. 32 is considered regular part time and under 32 is considered part time. Your boss is probably wanting you to sign papers to avoid extra costs when it comes to taxes or he doesn't want to pay for extra benefits you could be receiving as a full time employee. It shouldn't have an effect on your SS because that is taken out of each pay check. If you are pulling 48 hours a week, then they are taking the required SS for that many hours. I honestly don't know about the unemployment part.

[bushg]

Yes, taxes are withheld from my check but there is no mention of the hours that I work... when I was hired I was told it was a salary position, but I don't have any proof of that.

Last year my husband was injured and was out of work for a long time. I mentioned possibly needing insurance if cobra was too expensive or if hubby did not return to work soon. That was when I was told I wasn't eligible for insurance because I was part time. But the insuirance rep said I was eligible.

I know the company is having money problems... so I'm thinking that this is a way to try and save money. I don't receive any benefits from the company other than vacation time,any insurance I carry I pay 100 percent.

[0rphan]

Hi Bushg,

I don't know where you are, so I can only speak from a UK point of view.

If you work permanent 48 hrs ,then that is full time.This will affect annual holiday entitlement, sick pay, redundancy pay etc...

However if officially you are only contracted to work part-time hours, then your annual holiday entitlement will be based on those hours worked, as with sick pay.

If you claim social security benefit to top up your income, you would have stated when applying for the top up, how many weekly hours you work, which they would calculate the top up payment by... this benefit is usually called Tax Credit or income support

Regarding your question:If you sign these papers, then it is officially stating that this is all the hours you are require to do,losing holiday entitlement and any sick pay should you become ill, but your social security claim remains valid whilst you contnue to work your stated hours.

Should you change to full time hours officially then you may not be entitled to any benefit because your total income is considered to be enough to live on.

Would you be cutting your nose off to spite your face... so to speak...

If you are laid off you would be entitled to claim unemploment benefit as long as you have paid a full national insurrance stamp and payments are up to date.

You are definitely a full-time employee and should have all the entitlements of that.

At the end of the financial year you will have to declare your total earnings, so they will know that you have done,. will say overtime... they will then change to a lower payment for the coming year.


Hope this helps.

[excon]

Hello my friend:

Not only are you full time, you're entitled to 8 hours of overtime each week. You're also entitled to ALL the overtime he didn't pay you over 10 years. That's 8,320 hours divided by 2, times whatever hourly rate he says you earn. If you make around $10, he owes you about $40,000

Write your boss a letter. Of course, the letter is for future documentation, should you need it. He knows that too, so he'll probably adhere to the law in his reply.

Tell him about the salary deal he hired you under. If he insists that you're hourly, insist back that if so, you're entitled to overtime on any hours after 40. He can't have it both ways. Tell him further, that you understand he's having financial difficulties, but that he shouldn't try to make up the shortfall off his employee's backs.

It might be time to seek other employment...

excon

[bushg]

excon... you maybe right.
I have decided to let a friend of mine that works for a lawyer look over these new papers that the boss wants signed.

It ticks me off because I have never missed so much as 1 hours work in ten years...

[bushg]

OK... can you believe this I called the Ohio dept of commerce ( I live in ohio)and told them how many hours I work per week... they told me my boss can consider me full or part time it does not matter how many hours I work it is up to their discretion as to my status.


I called Kentucky Department of Labor(my co is in ky) and they told me the same thing.

SO in order to not pay benefits the company can say anything!!

I called unemployment and they told me my unemployment benefits are based on the amount of money I made between x amount of months, company status means nothing to them. Benefits are paid for 26 weeks.

[excon]

Hello again, B:

The issue of whether you're full or part time has only to do with benefits your company might or might not pay to full time employees, but not part timers. If they're not getting any benefits that you're not getting, then I don't know if it makes a difference...

If they are, then I think you have a case... Certainly, and according to what you found out, they can declare anyone full or part time... But, they can't declare one worker who works 40 REGULAR hours, as in from 9 to 5, to be full time, and YOU who works 48 hours over the weekend to be part time.

That's ONE issue. The second, which has nothing to do with the first, is your salary, and/or your overtime due. I've never heard of a part time worker on salary, but I guess it could happen.

But, if you can be paid a salary for part time work, and you're not losing any benefits by being declared a part time worker, the sign the damn thing. Just remember, signing THIS document does NOT signify that you are waiving your right to sue him for any of the other issues we discussed.

excon

[bushg]

k... well I called social security(which will probably be poof by the time I can draw benefits) and they told me it is determined on the number of years worked... I'm in the money.

Thank you all for taking the time to answer.

[bushg]

Well this evening... the company shut down. My shift was supposed to start at 0800 tomorrow but I got a phone call saying the shut down was effective tonight at 1800.

I know if I got laid off I would be entitled to unemployment, but will I get it because the doors were closed?

[Fr_Chuck]

Yes if a company goes out of business, yes as long as they paid into the unemployment insurance of the state as they were suppose to, and as long as you have enough paid quarters paid in, to be covered.

So it has a lot more to it than just being laid off or company going out of business.

[bushg]

Well I know other people that were laid off a few months back is getitng unemployment. I also have worked for the last 10 years so I guess I should be able to get it.

I have never worked of a company that went out of business or laid me off so I guess first time for everything... I could use a little break...

[Fr_Chuck]

I seem to work for most that do go out of business over the years,