left_coast_punk
Member
What is the name of your state (only U.S. law)? Oregon
I have worked for a company for 3 years. I was promoted twice within my first year to 2nd assistant manager. A perk of that job was health insurance benefits and 60 hours of vacation per year. During my second year of employment those benefits were taken away company wide and made only available to 1st assistant managers and store managers. I tried 3 times for a promotion, but was passed up for employees who were "more qualified" than me who I then was tasked to train. I decided that I would return back to school to pursue a degree. I informed my boss of this and she told me that it was ok to do that and that she would work around my schedule. When I enrolled as a full time student I had to take classes all day for Monday thru Wednesday and then had to be at internship 2 days a week (Thursday and Friday) as a requirement for one of those classes. I gave this schedule to my boss and discussed it with her prior so she knew my availability. She said that this was fine and we could more than likely work me on Saturdays and Sundays, and Wednesdays after I got out of class. I was fine with this, but knew I would be scraping by.
School then started, and I was scheduled for only Saturdays or only Sundays sometimes for just 3 hour shifts. I was thankful to be working, but felt like I was being deceived. I asked her why I wasn't scheduled for 8 hour shifts and was told because the company didn't have the hours, but there should be more to spread out in the following weeks. I accepted that and awaited my next schedule. I was once again scheduled for one day and for only 4 hours.
I decided to check into Unemployment and found out that I qualify for Training Unemployment Insurance since the degree I am pursuing will put me into a well paying job and is a approved program. I began receiving TUI which took some stress off of my shoulders and let work know my schedule was still the same and I was willing to work when I could. It has now been three weeks and I have not been on a schedule at all. I also learned that I was demoted to Sales, which is an entry level position, and my Key and responsibilities were taken as well.
I am diligent in calling in to see if the schedule is out for the next week, and still willing to work when I am able, but sometimes the schedule isn't released to me till Saturday at 7pm. I think that is cruddy because I cannot plan my weekend with my wife or take a trip far from my work because I do not know if I work on Sunday till 7pm on Saturday.
I have not heard from my boss in almost three weeks, and the schedule is given to me by her 1st assistant. I have also learned that they have hired 2 new employees.
I also receive calls from work asking if I can cover shifts when I am at school or internship. I have given them my availability schedule and also communicated that my internship is an important part of my school career and not optional, yet I still receive calls asking me to come in during those hours, much to the dismay of my teachers and those at my internship.
I feel like my employer is trying to push me to quit so then they don't have to pay me unemployment insurance, but I cannot survive as a full time student without it. I don't want to quit, but I don't believe what they are doing is right or legal and is starting to effect my outside life.
Does my situation qualify as constructive dismissal? Should I just suck it up and take it, or am I getting a raw deal? Any help is appreciated. Sorry for the long post. Thank you.What is the name of your state (only U.S. law)?
I have worked for a company for 3 years. I was promoted twice within my first year to 2nd assistant manager. A perk of that job was health insurance benefits and 60 hours of vacation per year. During my second year of employment those benefits were taken away company wide and made only available to 1st assistant managers and store managers. I tried 3 times for a promotion, but was passed up for employees who were "more qualified" than me who I then was tasked to train. I decided that I would return back to school to pursue a degree. I informed my boss of this and she told me that it was ok to do that and that she would work around my schedule. When I enrolled as a full time student I had to take classes all day for Monday thru Wednesday and then had to be at internship 2 days a week (Thursday and Friday) as a requirement for one of those classes. I gave this schedule to my boss and discussed it with her prior so she knew my availability. She said that this was fine and we could more than likely work me on Saturdays and Sundays, and Wednesdays after I got out of class. I was fine with this, but knew I would be scraping by.
School then started, and I was scheduled for only Saturdays or only Sundays sometimes for just 3 hour shifts. I was thankful to be working, but felt like I was being deceived. I asked her why I wasn't scheduled for 8 hour shifts and was told because the company didn't have the hours, but there should be more to spread out in the following weeks. I accepted that and awaited my next schedule. I was once again scheduled for one day and for only 4 hours.
I decided to check into Unemployment and found out that I qualify for Training Unemployment Insurance since the degree I am pursuing will put me into a well paying job and is a approved program. I began receiving TUI which took some stress off of my shoulders and let work know my schedule was still the same and I was willing to work when I could. It has now been three weeks and I have not been on a schedule at all. I also learned that I was demoted to Sales, which is an entry level position, and my Key and responsibilities were taken as well.
I am diligent in calling in to see if the schedule is out for the next week, and still willing to work when I am able, but sometimes the schedule isn't released to me till Saturday at 7pm. I think that is cruddy because I cannot plan my weekend with my wife or take a trip far from my work because I do not know if I work on Sunday till 7pm on Saturday.
I have not heard from my boss in almost three weeks, and the schedule is given to me by her 1st assistant. I have also learned that they have hired 2 new employees.
I also receive calls from work asking if I can cover shifts when I am at school or internship. I have given them my availability schedule and also communicated that my internship is an important part of my school career and not optional, yet I still receive calls asking me to come in during those hours, much to the dismay of my teachers and those at my internship.
I feel like my employer is trying to push me to quit so then they don't have to pay me unemployment insurance, but I cannot survive as a full time student without it. I don't want to quit, but I don't believe what they are doing is right or legal and is starting to effect my outside life.
Does my situation qualify as constructive dismissal? Should I just suck it up and take it, or am I getting a raw deal? Any help is appreciated. Sorry for the long post. Thank you.What is the name of your state (only U.S. law)?