Will I be able to collect unemployment?

[janorcross]

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

I work at a bank, and have been here for almost 4 years. I told them that I was going to go back to school, and they told me it was okay. I told my branch manager that I wouldnt be able to work Tuesday or Thursday mornings and he said it was all good, so I went ahead and got my financial aid and books. Two weeks later I am informed that I couldn't go to school Tuesday and Thursday mornings, and that I had to drop that class or lose my job. I would still be able to work 37-40 hours a week, but they didn't seem to care. Also, today they asked for a letter of resignation...would I still be able to collect unemployment if I gave them a letter of resignation. I feel that I am being forced to do this.

 

[las365]

If I were you, I would NOT resign. I think I would provide a letter to HR:

• citing my years of service and how much I enjoy and appreciate my job
• noting that I gave notice of my intention to resume my education and the hours involved and received approval from the branch manager
• stating that I wish to remain employed and
• giving the hours I am available to work.

I don't think such a letter will keep them from terminating your employment (and the termination would be legal) but it would provide a nice exhibit for your application for unemployment benefits. Can't say whether or not you would receive them.

 

[commentator]

In the first place, if you quit your job for a personal reason, (because you are going to take classes) then you are rarely eligible for unemployment. You must be let go or laid off through no fault of your own. Then there is the able and available issue. You will have to answer the question, "Are there any days hours or shifts you cannot work?" And of course, there will be those daytime hours on Tuesday and Thursday that you will not be able to work, because you will be in school.

Most people who go to school while working at a full time job make a diligent effort to schedule their classes for hours they are not supposed to be at work.

It's pretty presumptuous of you to go in and inform your employer that you will be taking off Tuesday and Thursday mornings from now on to take a class. This is of course, contrary to the hours you agreed upon when you begun your job. If they said that you may not do so, and that if you do, your employment is terminated, it is pretty clearly your choice, not theirs. So your chances of receiving unemployment benefits are very slim.

At this point, the only alternative you have that might keep you employed or get you unemployment insurance is to drop your classes, tell them you are available for any hours, and that you do not wish to resign. They may even go on and let you go anyhow, but don't resign. Let them have to terminate you. Then you could tell the unemployment office that you did make a good faith effort to keep your job.

 

[janorcross]

Yeah...I've been racking my brain today on what to do. I didn't want to type up a letter of resignation since I'm being forced to do this.

Is there any way I should word this letter since I am NOT resigning?

Any more advice would be much appreciated.

 

[janorcross]

In the first place, if you quit your job for a personal reason, (because you are going to take classes) then you are rarely eligible for unemployment. You must be let go or laid off through no fault of your own. Then there is the able and available issue. You will have to answer the question, "Are there any days hours or shifts you cannot work?" And of course, there will be those daytime hours on Tuesday and Thursday that you will not be able to work, because you will be in school.

Most people who go to school while working at a full time job make a diligent effort to schedule their classes for hours they are not supposed to be at work.

It's pretty presumptuous of you to go in and inform your employer that you will be taking off Tuesday and Thursday mornings from now on to take a class. This is of course, contrary to the hours you agreed upon when you begun your job. If they said that you may not do so, and that if you do, your employment is terminated, it is pretty clearly your choice, not theirs. So your chances of receiving unemployment benefits are very slim.

At this point, the only alternative you have that might keep you employed or get you unemployment insurance is to drop your classes, tell them you are available for any hours, and that you do not wish to resign. They may even go on and let you go anyhow, but don't resign. Let them have to terminate you. Then you could tell the unemployment office that you did make a good faith effort to keep your job.

I scheduled classes AFTER I was told that it was okay to do so by my branch manager...then AFTER getting financial aid and books, which took a month, he told me that I would have to drop classes or be no longer employed. They won't even offer me a part time position. It's not like I went behind their backs and did this. This all happened AFTER I got the okay.

 

[csi7]

They can not require you to submit a letter of resignation.

 

[csi7]

Is the information in writing from the employer for the time switch on Tuesday and Thursday?

 

[commentator]

If you told your branch manager you were going back to school, and he said, "Gee, that's a good thing, I'm really proud of you that you're doing that, we'll help you if we can!" that doesn't mean he said he would let you flex your schedule around your school schedule. If you told him that you would be taking a class on Tuesday and Thursday and would have to shift your hours around and he said "Okay!" I hope you did get it in writing, because this might persuade them at the bank not to terminate you. But as far as unemployment goes, if you are terminated from your position, your employer must prove to the unemployment office that they had a good misconduct reason to terminate you.

Refusing to work the days hours and shifts offered to you for a personal reason is probably going to be determined to be pretty good cause, even if you were led to believe that this would be okay in the beginning. If they want to they can say "No, we've changed our minds, it will not be okay for you to go to school on those days and miss work, we cannot allow you to flex your time to do this.If you do you are fired." Because they are the employer, and they have the right to set the hours you work.

If you resign, then you must prove to the unemployment office that you had a very good job related reason to quit your job. "...Because I have a class that meets on Tuesday and THursday and they won't let me be off then. I already signed up for the class and I do not want to lose the money" is probably not going to be a good cause.

Don't resign, let them fire you if you absolutely can't see your way clear to perhaps even reschedule these classes or take different classes this semester.

 

[janorcross]

If you told your branch manager you were going back to school, and he said, "Gee, that's a good thing, I'm really proud of you that you're doing that, we'll help you if we can!" that doesn't mean he said he would let you flex your schedule around your school schedule. If you told him that you would be taking a class on Tuesday and Thursday and would have to shift your hours around and he said "Okay!" I hope you did get it in writing, because this might persuade them at the bank not to terminate you. But as far as unemployment goes, if you are terminated from your position, your employer must prove to the unemployment office that they had a good misconduct reason to terminate you.

Refusing to work the days hours and shifts offered to you for a personal reason is probably going to be determined to be pretty good cause, even if you were led to believe that this would be okay in the beginning. If they want to they can say "No, we've changed our minds, it will not be okay for you to go to school on those days and miss work, we cannot allow you to flex your time to do this.If you do you are fired." Because they are the employer, and they have the right to set the hours you work.

If you resign, then you must prove to the unemployment office that you had a very good job related reason to quit your job. "...Because I have a class that meets on Tuesday and THursday and they won't let me be off then. I already signed up for the class and I do not want to lose the money" is probably not going to be a good cause.

Don't resign, let them fire you if you absolutely can't see your way clear to perhaps even reschedule these classes or take different classes this semester.

WOW...he didn't say that. I said I wouldn't be able to work Tuesday or Thursdays mornings...he said thats okay we can work around that.

Unfortunately I can't reschedule my class. It's a pain in the a** to actually get pre phamacy classes to schedule around something.

 

[janorcross]

Is the information in writing from the employer for the time switch on Tuesday and Thursday?

Unfortunately, nothing in writing...which I regret now.

 

[pattytx]

WOW...he didn't say that. I said I wouldn't be able to work Tuesday or Thursdays mornings...he said thats okay we can work around that.

Unfortunately I can't reschedule my class.

That isn't your employer's fault.