commentator
Senior Member
Gordon, file for unemployment insurance as soon as possible. None of us can say whether you will be approved to draw benefits. If you quit your job, in other words you left, you made the decision to leave rather than to accept the new hours, you will have the burden of proof to unemployment insurance that you had a valid work related reason to quit.
It is easier to be approved if you are fired without a good work related reason, but in this situation, you can't really say you were fired. You did quit. But it is possible to draw if you quit your job. It depends on the circumstances.(and by the way, don't try to say you were fired to unemployment, tell them precisely what happened.)
You are not required to write anyone a letter of resignation. The decision to grant you benefits will be decided by the unemployment insurance office, not by your employer.
Your work schedule is not protected by any labor law unless you are a union member and have a contract that specifies your working hours and days. Otherwise, they can be changed at the employer's discretion.There are some state/federal (?) statutes that say you are allowed to have one day off a week for the practice of your religion (example, if your religious practice requires that you keep a Sabbath) But others will be more knowledgeable about this than I. That's not really my area.
So yes, your employer can change your day off, the question you ask in the title line.
However, in regard to whether you may be able to receive unempoyment, you did have a set schedule, and you have made it clear from the beginning of your employment there that you do not want to work Sundays due to your religious practice and other activities you had scheduled for this day of the week. (Doesn't really matter if you're taking a class in Hebrew or carpentry or in what.)
And up to this point, they have always accomodated you, right? For about a year. Now, let me ask you this...were you the only person who had a fixed schedule as regards day off, or did they have everyone's hours and days off pretty much fixed? Have they recently changed other people's hours as well? Is your management mixing up other employees days off? Or was this solely directed at you, as a deliberate effort to force you to quit?
Unemployment insurance will explore this. Because if you have always had accomodation, and you have made it clear to the employer that you must have this accomodation in order to continue working, and they suddenly decide to jack around with you about this particular issue, this can be construed as an effort to force a quit and avoid having to pay you unemployment.
When you file, they will ask, "What did you do to try to resolve this problem before quitting?" You did go and talk to the general manager. What did that remark about "I was not deserving to have Sunday off any more" mean? Had there been any other indications that you were having problems there? Had you had any warnings about performance, any issues that would have precipitated this remark and your sorta forced resignation/firing? If they just suddenly decided out of the blue without any valid reason (maybe they just don't like you) you don't get Sunday any more because they want to make you quit, than chances are better for you to get approved for benefits.
It costs nothing to file for unemployment benefits; it is not a welfare program, you will be looking avidly for another job during the whole filing and appeal process anyway, and there is a fair possibility, depending on the specifics of your case, that you may be able to be approved. So file that claim and start the process moving forward.
It is easier to be approved if you are fired without a good work related reason, but in this situation, you can't really say you were fired. You did quit. But it is possible to draw if you quit your job. It depends on the circumstances.(and by the way, don't try to say you were fired to unemployment, tell them precisely what happened.)
You are not required to write anyone a letter of resignation. The decision to grant you benefits will be decided by the unemployment insurance office, not by your employer.
Your work schedule is not protected by any labor law unless you are a union member and have a contract that specifies your working hours and days. Otherwise, they can be changed at the employer's discretion.There are some state/federal (?) statutes that say you are allowed to have one day off a week for the practice of your religion (example, if your religious practice requires that you keep a Sabbath) But others will be more knowledgeable about this than I. That's not really my area.
So yes, your employer can change your day off, the question you ask in the title line.
However, in regard to whether you may be able to receive unempoyment, you did have a set schedule, and you have made it clear from the beginning of your employment there that you do not want to work Sundays due to your religious practice and other activities you had scheduled for this day of the week. (Doesn't really matter if you're taking a class in Hebrew or carpentry or in what.)
And up to this point, they have always accomodated you, right? For about a year. Now, let me ask you this...were you the only person who had a fixed schedule as regards day off, or did they have everyone's hours and days off pretty much fixed? Have they recently changed other people's hours as well? Is your management mixing up other employees days off? Or was this solely directed at you, as a deliberate effort to force you to quit?
Unemployment insurance will explore this. Because if you have always had accomodation, and you have made it clear to the employer that you must have this accomodation in order to continue working, and they suddenly decide to jack around with you about this particular issue, this can be construed as an effort to force a quit and avoid having to pay you unemployment.
When you file, they will ask, "What did you do to try to resolve this problem before quitting?" You did go and talk to the general manager. What did that remark about "I was not deserving to have Sunday off any more" mean? Had there been any other indications that you were having problems there? Had you had any warnings about performance, any issues that would have precipitated this remark and your sorta forced resignation/firing? If they just suddenly decided out of the blue without any valid reason (maybe they just don't like you) you don't get Sunday any more because they want to make you quit, than chances are better for you to get approved for benefits.
It costs nothing to file for unemployment benefits; it is not a welfare program, you will be looking avidly for another job during the whole filing and appeal process anyway, and there is a fair possibility, depending on the specifics of your case, that you may be able to be approved. So file that claim and start the process moving forward.
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