Categorization of separation (UI Application)

[u/shimv340]

Hello!

I recently separated from my job, here was the order of operations:

- I received an development opportunity that I really wanted to take and sent a proposal request to see if I could do a temporary reduced hours for a few months (depending on employer discretion) and was available to return to FTE after. Note that this was just a request to see if it could be accommodated

- I was told that it could be accommodated, but would require me to go to contractor. When asked if I could see the terms of the contractor transition, I was told to place an off board date in order for the contract to be drafted

- The contract not only took all my benefits away (which I expected), but with the tax change would be something that would pay me noticeably less than my regular hourly for the same work and no opportunity of returning to work was mentioned

- I asked if this was something to work out since I would not only lose all benefits, but also loss in wages; they essentially said no

- When asked what the situation would be going forward and if I still needed to offboard since I only was offboarding before to transition to contractor, they said I will still be offboarding, that any type of leave meant I could not come back to FTE and that they were going to restructure my role and rehire anyways.

I think the strangest part is they kept saying I was being offboarded on the date I sent to HR, but I have the text trail which I was told to tell HR a particular date for my offboard process.

I'm just a little confused because I'm not quite sure how it ended up with me having to leave the company, I understand my proposal was upon my request but if they had said no I could've found alternative options where it didn't interfere with my regular work, but it seems like they were going to restructure my role anyways?

Anywho! Any info would be really appreciated! I feel that I have a decent case to qualify, but wasn't sure the best way to approach.

[u/sandmanrdv]

So, you’ve decided not to work for the company as an independent contractor? I’m going to assume that’s the case since you are asking about how to categorize your separation from employment for UI application purposes.

You were the moving party here, so in my opinion this was a voluntary quit for UI application purposes.

[u/shimv340 → u/sandmanrdv]

Yes, I would lose all my benefits at take about $5 pay cut hourly for the same job when I asked if I could do a temporary W-2 PT.

Would I be a voluntary quit? I never quit, so that’s just my confusion. I asked for accommodation if possible, and then kind of got forced to off-board

[u/sandmanrdv → u/shimv340]

For UI purposes, there are three categories for reason for separation. Voluntary quit, discharge/termination and lack of work layoff. This was clearly not a lack of work layoff, so that’s out.

In situations where there is ambiguity with a quit versus a discharge, it typically comes down to which party moved to change the status quo.

Status quo was you as a full time W-2 employee. You approached the employer to change that arrangement, and the employer declined a switch to a part time W-2 role and counter offered a 1099 IC position, which you declined after running the numbers.

As a potential independent contractor, you can attempt to negotiate your wage rate with your employer. Would the 1099 arrangement have you taking home more money than you would receive in UI benefits?

[u/shimv340 → u/sandmanrdv]

I would argue a bit on the lack of work just that I was told my role was actually going to undergo a restructure and rehire process at the new year, essentially eliminating my role.

I do believe the 1099 would offer me more than I would get with UI though not accounting for loss of benefits/insurance/or taxes.

[u/shimv340 → u/shimv340]

Oh, I see but for categorization of the application it would be placed under “Quit” based on initiation movement!

[u/sandmanrdv → u/shimv340]

Did that discussion of restructure and rehire happen before or after your request to go part time?

[u/Curious_Werewolf5881 → u/shimv340]

That's after you've left the job you quit.