Forced to quit

[jimmyj72]

What is the name of your state (only U.S. law)? Pennsylvania

Hello,

Here is the whole scenario...I was hired to work daylight hours about 4 years ago and I have always worked daylight hours plus a lot of overtime for all these years...My boss helped me get an apartment for my son and me. I felt at that time this was a great employer. while waiting on my apartment to open up I even lived with my supervisor and his family for a few weeks..over a year ago I lost my finger at work in an accident...two weeks after that I tried to return to light duty work after my second day on light duty i was called up to the office and was told they have to let me go...the very next day I got a call from the head of HR and said that was a mistake and i would collect disability until I was clear for full duty. Then I found out that my supervisor told my co worker he couldn't blame them for firing me because of my accident. well back in April I was told they were going to put in a second shift and rotate the shifts..I made it clear I was not going to be able to work nights...expressed to management and my immediate supervisor that i had to be home for my son at night there is no way i can leave him alone at night...so back on Aug 18 they tried to implement the second shift and I was forced to quit. I found out they are not even working a second shift now... that just one shift only. like i said...I feel i was forced to quit. since getting injured at work I felt like an outcast..constantly jokes being made..Plus with them knowing i was unable to work a second shift. and now they are not even working a second shift and also last year they tried to let me go two weeks after my injury....anyways a lot of people i have talked to said contact a lawyer...but i don't want to waste a lawyer time unless its a valid case. anyone have any thoughts to whether something like this can be considered harassment or retaliation? I feel like I wasted 4 years for this company and I work so hard for them.

 

[Just Blue]

What is the name of your state (only U.S. law)? Pennsylvania

Hello,

Here is the whole scenario...I was hired to work daylight hours about 4 years ago and I have always worked daylight hours plus a lot of overtime for all these years...My boss helped me get an apartment for my son and me. I felt at that time this was a great employer. while waiting on my apartment to open up I even lived with my supervisor and his family for a few weeks..over a year ago I lost my finger at work in an accident...two weeks after that I tried to return to light duty work after my second day on light duty i was called up to the office and was told they have to let me go...the very next day I got a call from the head of HR and said that was a mistake and i would collect disability until I was clear for full duty. Then I found out that my supervisor told my co worker he couldn't blame them for firing me because of my accident. well back in April I was told they were going to put in a second shift and rotate the shifts..I made it clear I was not going to be able to work nights...expressed to management and my immediate supervisor that i had to be home for my son at night there is no way i can leave him alone at night...so back on Aug 18 they tried to implement the second shift and I was forced to quit. I found out they are not even working a second shift now... that just one shift only. like i said...I feel i was forced to quit. since getting injured at work I felt like an outcast..constantly jokes being made..Plus with them knowing i was unable to work a second shift. and now they are not even working a second shift and also last year they tried to let me go two weeks after my injury....anyways a lot of people i have talked to said contact a lawyer...but i don't want to waste a lawyer time unless its a valid case. anyone have any thoughts to whether something like this can be considered harassment or retaliation? I feel like I wasted 4 years for this company and I work so hard for them.

How old is your child?

 

[cbg]

Who held the gun to your head that forced you to quit?

 

[LdiJ]

What is the name of your state (only U.S. law)? Pennsylvania

Hello,

Here is the whole scenario...I was hired to work daylight hours about 4 years ago and I have always worked daylight hours plus a lot of overtime for all these years...My boss helped me get an apartment for my son and me. I felt at that time this was a great employer. while waiting on my apartment to open up I even lived with my supervisor and his family for a few weeks..over a year ago I lost my finger at work in an accident...two weeks after that I tried to return to light duty work after my second day on light duty i was called up to the office and was told they have to let me go...the very next day I got a call from the head of HR and said that was a mistake and i would collect disability until I was clear for full duty. Then I found out that my supervisor told my co worker he couldn't blame them for firing me because of my accident. well back in April I was told they were going to put in a second shift and rotate the shifts..I made it clear I was not going to be able to work nights...expressed to management and my immediate supervisor that i had to be home for my son at night there is no way i can leave him alone at night...so back on Aug 18 they tried to implement the second shift and I was forced to quit. I found out they are not even working a second shift now... that just one shift only. like i said...I feel i was forced to quit. since getting injured at work I felt like an outcast..constantly jokes being made..Plus with them knowing i was unable to work a second shift. and now they are not even working a second shift and also last year they tried to let me go two weeks after my injury....anyways a lot of people i have talked to said contact a lawyer...but i don't want to waste a lawyer time unless its a valid case. anyone have any thoughts to whether something like this can be considered harassment or retaliation? I feel like I wasted 4 years for this company and I work so hard for them.

Go see an attorney. If they think you have a case, they will take the case on contingency. If they don't think that you have a case, you would have to pay them up front. Its worth at least a consult.

 

[Chyvan]

Did you file for unemployment?

 

[commentator]

In any situation like this, I always advise people to apply for unemployment benefits. It costs nothing, and it will help to clarify the issues. It will shake out the issues as to what the employer says, what the claimant says, just get the process started logically. However, I doubt very much that this claimant would be approved for unemployment under these circumstances. He quit because the company knew exactly what hot button to push to get him to quit, and they pushed it, and he quite predictably quit as they wanted him to. And all he's got is a long litany of how bad he was treated, and how they shouldn't have been able to do this and he was really done badly by somebody who had been nice to him before and lots of people have told him to get an attorney, yada yada yada.

The unemployment claim begins with a certain set of questions. Did you have a valid work related reason to quit the job? What did you do to try to resolve the issue before quitting? In almost every state, quitting a job due to the shift being changed, which may disrupt your personal life in some way, but may be construed as the employer working in his best interests, is not considered a valid work related reason to quit a job. In fact, the work availability requirements for drawing unemployment specify that you cannot restrict the days, hours or shifts you would be willing to work at on another job. Your day shift, night shift, shift that accommodated your baby sitting arrangements, these are not promised to you, and you don't have a right to them.

So if second shift is a no go deal for you, then you not only probably will not be approved if you quit your job because of being placed on second shift, or threatened with having to change to second shift, and even if you were laid off due to lack of work or terminated without a good cause, you'd not qualify if you adamantly told the unemployment office you couldn't accept or consider a second shift job in the future.

A lot of people get the shift they want and get to thinking that "day work" as you put it, is your inalienable right on this job. You get too possessive about what you will and won't work, and mistakenly think they can't change you, because you've ALWAYS had it, and you really really need to work it, for some personal reason. Then, for some reason, the employer decides he does want to get rid of you. He has been told, educated, as it appears, by his HR, that he can't fire you because you were injured on the job. (Its surprising how many employers are dumb about this sort of thing.) But then they still wanted to get rid of you. So bingo, they played the one card they knew would work like a charm and get you to quit. They told you they were opening a second shift, a rotating shift, no less, and that you'd be put on it.

And you played right into their hands. You up and quit, after all they KNEW how bad you needed to work day shift. So yes, you were, by your own lights I suppose, forced to quit. They wanted rid of you, so they let you play right into their hands. Very likely, you won't get to draw unemployment benefits, though its still worth filing a claim for them and getting a decision.

And then, since the unemployment system will have nothing to do with whether or not you were fired deliberately after filing a worker's comp claim or being injured on the job, I'd suggest a consult with an attorney in your area. As we've said, if they think you have any kind of a case, they'll take your case on a contingency. If not, they'll demand money up front. So you should be able to determine whether they think you have a case to pursue. Remember, this issue, whether or not you elect to pursue it, is not in any way settled by unemployment insurance, and they do not exchange information between agencies concerning any aspect of your work/termination/firing/resignation issues.