forced to change schedule leaving me with no childcare

[lostandconfuzed]

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

I am a single mom and have been employed for 2 years with my current employer. I get minimal help from my ex with child care. I have no written work schedule, just a verbal schedule from my boss. I was promoted in November to an exempt position, Assistant Dining Room Manager. My boss agreed last July that when the school year starts I will be able to work morning shifts 9-5 to accommodate for my daughter starting school. With the exemption that two nights I work closing shifts until we can hire on more management support to help with night coverage. Towards the end of January he had planned to hire another supervisor to help with the evening shifts and the other Assistant Dining Room manager was about to leave for maternity leave. He then said I would be able to have strictly morning hours from here on out. He ended up hiring a 3rd Assistant Manager, giving them responsibilities off the floor as well leaving me to cover supervision on the floor and manager duties as well. There is no manager and hasn't been one since last July leaving all duties on the Assistant Manager and supervising since there is a lack of supervisors as well. The big issue is now he is requiring me to change my schedule which will affect my child care. He is requiring me to come in an hour and a half earlier which leaves me with no coverage for my daughter before she goes to school. Or another option he is giving me is to come in later and leave later which will prevent me from picking her up in time from her after school program. He did mention me working 4 long days which would leave me to find someone to watch her on the 3 days that I don't have her father caring for her. Her father has told me that if he has to watch her more than the 2 days he already has her that he will take me to court for full custody. I feel not having my daughter is not an option for me. I have no other support or options. My question is, can my boss legally require this of me and if I can't accommodate his request can he fire me on these grounds. And if so will I qualify for unemployment?

 

[Proserpina]

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

I am a single mom and have been employed for 2 years with my current employer. I get minimal help from my ex with child care. I have no written work schedule, just a verbal schedule from my boss. I was promoted in November to an exempt position, Assistant Dining Room Manager. My boss agreed last July that when the school year starts I will be able to work morning shifts 9-5 to accommodate for my daughter starting school. With the exemption that two nights I work closing shifts until we can hire on more management support to help with night coverage. Towards the end of January he had planned to hire another supervisor to help with the evening shifts and the other Assistant Dining Room manager was about to leave for maternity leave. He then said I would be able to have strictly morning hours from here on out. He ended up hiring a 3rd Assistant Manager, giving them responsibilities off the floor as well leaving me to cover supervision on the floor and manager duties as well. There is no manager and hasn't been one since last July leaving all duties on the Assistant Manager and supervising since there is a lack of supervisors as well. The big issue is now he is requiring me to change my schedule which will affect my child care. He is requiring me to come in an hour and a half earlier which leaves me with no coverage for my daughter before she goes to school. Or another option he is giving me is to come in later and leave later which will prevent me from picking her up in time from her after school program. He did mention me working 4 long days which would leave me to find someone to watch her on the 3 days that I don't have her father caring for her. Her father has told me that if he has to watch her more than the 2 days he already has her that he will take me to court for full custody. I feel not having my daughter is not an option for me. I have no other support or options. My question is, can my boss legally require this of me and if I can't accommodate his request can he fire me on these grounds. And if so will I qualify for unemployment?

Yes, he can require that, and yes he can legally terminate your employment if you cannot accommodate his request.

It should not disqualify you from UI though.

 

[cbg]

And, btw, this is nothing even remotely close to illegal discrimination or harassment.

I'll be interested in commentator's perspective on the probability of UI. I thought my state was the only one which considered child care issues to be a valid reason to collect UI (and my state doesn't consider it valid in all situations). I can see the state potentially considering problems with the job search if you're limiting yourself for child care reasons.

But if commentator says I'm wrong, I'm probably wrong.

 

[commentator]

You're absolutely right. Massachusetts is not only the highest paying unemployment state, it is one of the most liberal regarding reasons they allow you to be approved for unemployment. In MOST states, though I haven't researched Oregon specificially, child care arrangements are considered a personal issue, and the employer has the right to demand you work any shift they require of you, or they have excellent grounds to terminate you, and you will not likely be approved for unemployment. Likewise, in your unemployment worksearches, you may not require that the jobs you seek accomodate your child care or personal schedule in any way, (like the lady that told me she could only work between 9am and 2pm, because she had to pick up her kids at school every day or the young person who informed me they couldn't work second shift 3-11pm because that would spoil their social life!)

I would suggest that this OP make every single best effort to accomodate her boss and keep the job, as it sounds like they're being pretty accomodating to her. I have seen employers fire people as soon as they started trying to dictate when they could and could not work. The employer is not in business to make you a job you find accomodating so you can work and arrange child care, they are in business to meet the needs of the business and operate it successfully.

If you are fired, you have nothing to lose by filing for unemployment benefits. My take on it is "not very likely" as to your chances of approval. Oregon is one of those Northwestern states and they are sometimes pretty lenient about letting fired people draw, or letting people draw who have quit for personal reasons. But honestly, almost all the states are really hurting right now as far as the cost of running their very overused unemployment programs, and approval isn't as likely as it might've been in real good times.

It's also going to have a lot to do with it as to how you're going to explain that you weren't available for certain hours then, but in your work searches for future employment, you're fully available for all shifts. Waitressing is a job type that certainly requires a very flexible shift availability for its employees. I suggest you consider retraining or furthering your education so that you can find a job with more regular hours.