Company Forcing My Resignation

[avshockey]

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

The Colorado company that I work for just cleaned house with major layoffs. I am hourly not salary and work a set shift for this company. They are demanding that a change shifts to backfill for employees that they let go or give my resignation. However, a have a child custody court order that was scheduled around my current shift and I am not sure a can convince my ex-wife to have it change. My management was well aware of my family situation. I feel they know that I might not be able to accommadate the new schedule and are trying to force my resignation instead of laying me off and having to pay me the severence packaged that they would have to give me. Do I have any legal recourse?

 

[ecmst12]

Since there's a court order involved, you have a better chance of getting unemployment if you have to quit for this reason. They are not required to pay you severence.

 

[eerelations]

They are not required to pay you severence...

...even if they lay you off.

 

[commentator]

Shift changes are very rarely considered a good reason to quit for unemployment purposes. I'd make a real good effort to get the custody arrangments changed before I quit and filed for benefits. That's the first question they ask, "What did you do to attempt to solve the problem before quitting?"

Since they have had large cutbacks, the company is dealing with their best interests, not yours, even though, as you said, they are aware of your family situation. Are they trying to get rid of you? Maybe. They don't have to pay you anything anyhow, as it has been pointed out. But if you quit, they may not have to pay anything..and no unemployment insurance.

Also, when filing for unemployment, one must be able and available for any and all shifts. "No hours or days you cannot work.." It seems to me that your ex wife might be willing to re-negotiate and accomodate your work situation, since keeping you working should be somewhat important to her and your children. At least ask, try to work something out before you quit. Because that might get you no severance and no unemployment insurance.

 

[fabulous07]

Hang on to your job. The economy is bad. Make other arrangements to see your kid, I'm sure the court will understand.

 

[eerelations]

Hang on to your job. The economy is bad. Make other arrangements to see your kid, I'm sure the court will understand.

Ignore this.