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Dragonslayer · Dec 14, 2009, 01:47 PM

I am going to start by including as much info as I can to start this off.

I am a professional technician by trade. The way we are compensated are based on "billable" hours. For instance, when we are busy and are able to bill 40 hours, we will have a 40 hour check at the end of the week. On the other hand, when business is slow, we may get significantly less.

My problem is this. There is extreme favoritism in our workplace which most of us have come to accept. When we can still make our minimal amounts of hours to live on, we try to look the other way. Trouble is, things have slowed to a trickle and this "robbing Peter to pay Paul" has gotten out of hand. This previous work week, I was only productive for 1 day and I was told to stay home the rest of the week. I have asked my supervisors to consider a temporary layoff, or dismissal in order to qualify for unemployment benefits only to have them decline. They have pretty much chosen to not fire or lay off, but I can do what I have to do. I have applied for partial unemployment for the meantime and I will wait and hopefully be able to receive some assistance. I am not proud of having been forced to do this, I have never filed for this kind of thing in my adult life. It costs them NOTHING for us to be there, standing, but it costs us to have to drive to and from work each day. They don't so much as provide a minimum wage in the event there is no work, as is the case now. I broached the subject that I feel as though I am being discriminated against, only to have my supervisor dismiss that as a false accusation. The owner refuses to engage the fact that I have suggested this or even acknowledge that there is a problem. I don't know if they are intentionally discriminating against both myself and another technician, but their actions are loud and clear. I am tempted to seek some guidance from an attorney to see what recourse I may have. I am not someone who easily choose to be the squeaky wheel in the pursuit of getting what I want, but it seems as though we have no rights here and I find that hard to believe. I have no problem that this "TOP TECH" is fed all of this work, but yet in light of this precarious situation, we are dealt a very tough situation that is lopsidedly favorable only to the employer. Any advice is welcomed.

twinkiedooter · Dec 14, 2009, 01:55 PM

To my knowledge there is no such thing as partial unemployment benefits so don't hold your breath about that. Your company would have to lay you off totally for you to qualify for unemployment. Then, if you did not work your full week you would get partial benefits payable on your claim. Since you work one day a week the company is skating on this technicality. Now, had you been told to stay home and entire week with no pay, you could file a UC claim and start collecting the partial weekly benefits.

Unfortunately the owners can dole out the work as they see fit. You are not being discriminated against due to your age, religion, ethnic make up, etc. so that's not going to fly. If you are that unhappy with this particular company why don't you use your "down" time to job hunt at another company who does not practice this type of work dole out baloney.

Dragonslayer · Dec 14, 2009, 01:58 PM

I feel I should also include that I do not have a criminal history. I have a clean driving record, I do not abuse drugs or alcohol or any controlled substances. I am very skillful at what I do. I have an excellent attendance record and there is nothing that prevents me from doing my job. I do not engage in questionable or unethical business practices that would subject my employers to any litigation.

jmjoseph · Dec 14, 2009, 02:12 PM

Is there no other work in your area? You may have to work outside of your field for a while, but money is money.

Times will get better, they usually do. But in the meanwhile, you may have to make some decisions that you didn't plan on making.

Good luck to you.

Dragonslayer · Dec 14, 2009, 02:18 PM

The job market has been really tough here in Michigan and guys in my profession are struggling. Believe me, if there was any other way I wouldn't even have bothered. If I can move on to another employer, I would have done so by now.

Part of my anger toward this whole situation is that they feel as though they can just walk all over us and there is nothing we can do. I guess it is looking as though there is nothing I can do.

Thanks for your well wishes.

twinkiedooter · Dec 14, 2009, 06:04 PM

Unfortunately, it does look like they can get away with this baloney dole out to just one person. It is obviously a way for the company to not pay unemployment by having you work at least one day a week. As I said before they are just skating by the technicality of you are actively working for them and can't collect unemployment as you are not laid off. Michigan is one of the hardest hit states right now in this economy. I live in Ohio and it's almost as bad here finding jobs of any kind.

I hope for your sake that something comes your way soon as in a new job.

It's a shame that the work is not divided evenly with all the techs.

Fr_Chuck · Dec 14, 2009, 07:12 PM

Part of this is, it is discrimination of some type, since they favor someone else, but discrimination is not illegal as long as the don't do it for a protected reason.

They can give all of the red haired people the best work, but they could not give only the men the best work because they are a man.

They may fire you for your choice of TV shows you watch on break, but not because of your personal choice of religion.

You may look at the fact they are requiing you to be there, I may be wrong but you may look at seeing if they are required to make sure your pay at least equals min wage