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Forced to Quit

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rlynn721

Junior Member
What is the name of your state (only U.S. law)? pa
Company changing hours and days off. I am on a daylight shift and they are telling me i will have to go to midnight or 5-1am. I am a single mother and have no family and daycare does not operate during these hours!! I feel they are doing this to force people to quit that has no other options. They now employee extra board employees that r all friends of director or or
employees, that I feel they want to move up.
 


cbg

I'm a Northern Girl
To start with, nothing they are doing is illegal. Unless you have a legally binding and enforceable contract that specifically says otherwise, they can schedule you for any hours they want you to work and have no legal obligation to take your personal circumstances into consideration.

That being said, you may or may not be correct about their wanting people to quit. But just because they want that (if they do) doesn't mean that you have to oblige them. If you can't work the hours they want you to work, let them fire you. It will make it much easier for you to collect unemployment if you do.
 

Banned_Princess

Senior Member
I think that maybe quitting in this situation might be an acceptable reason to, but just to be on the safe side, let them fire you for being unable to work those hours.

On the other hand, you might want to employ an overnight babysitter, since jobs are seriously scarce, and you will only get a fraction of what you are being paid now...

personal decision. think hard about it before just leaving your job.
 

commentator

Senior Member
Well, if I were you, I would refuse to quit. I would simply tell them that it is impossible for you to work the hours they are trying to give you, and that if they insist these are all the hours they now have available for you, they are going to have to terminate you.

Because if you quit because of the hours change, not only is it not illegal for them to do this to you, you will very likely not be eligible to draw unemployment benefits until you find another job. Because the hours and your not being able to find another baby sitter are considered personal reasons to quit the job. and that means very likely no unemployment insurance. Some states are more reasonable/lenient about personal circumstances for quitting and unemployment than others, but it's a gamble.

While it may not be at all convenient for you, please try very hard to exhaust all possibilities for finding baby sitting and accepting the new job schedule. I'm with BPrincess here, jobs are very hard to find, and even if you are approved for unemployment, you'd be receiving a lot less than you would working.

If it is a really difficult situation, could you work it out with a friend or family member so that you could do it for a short time, so that you would be able to begin looking for a new job with better hours while you are still employed?

Clearly discuss this situation (though you do not mention unemployment benefits) with your employer. Ask if they understand they are making it difficult for you to continue working by giving you the hours they know will be extremely hard for you. Try to negotiate. Do not threaten. They very likely know good and well that if they can get you to quit, there will not be a consideration of unemployment benefits. From what you said about the board and directors and such, they may be some kind of non-profit, and boy, those people HATE to have to fire an employee and get them drawing unemployment benefits. Don't believe them if they tell you, "Oh, we'll allow you to draw unemployment if you quit." Because they are not the ones who get to make the determination. If you are fired, they cannot stop you from drawing benefits unless they can demonstrate that they had a valid misconduct reason for terminating you. Being unable to comply with their sudden dramatic hours change after a long period of working one regular schedule is probably not going to be considered misconduct. It sort of looks like an attempt to force a quit on their part.


But even if they tell you it will "look better" on your job history, or references or whatever, if you go on and resign, do not do so. They cannot say whether or not you receive approval for unemployment benefits, so don't let them threaten you. But remember, a voluntary quit for personal reasons, even very excellent personal reasons is probably going to keep you from drawing benefits.

And in many states, (throwing this in because you are a single parent and might get in severe financial difficulty because you have quit your job and get no unemployment benefits) there are sanctions against you for quitting, and you cannot receive other types of aid like Food stamp coupons or TANF for several months if you've quit your last job.
 
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rlynn721

Junior Member
Myself as well as other employees this effects when to Hr to address concerns about policies that are not being followed as well as the hardship this will cause use. They adjust policies for certain people, if it is a written company policy should it not be abided by as written. After questioning the previous seniority list that has been in effect for five years since company has been opened, the company has now stated they are taking away our company seniority even though it still has merit in other departments, manager stated that since we went to HR complaining this is how it will be! By them doing this it makes it even harder cause with the company seniority I had a shot at a better shift.
The last thing I want to do Is Quit, I just want fairness!!:confused:
 

CourtClerk

Senior Member
Does the city you live in operate a hospital, fire station or police station? Are those places open overnight?
 

commentator

Senior Member
Good thought! There may be daycare facilities you could use set up to work with people working those fields.

OP, unfortunately, people believe they have a lot more rights in the workplace than they do. Essentially, the employer has almost all the power. They do not even have to follow their own policies, can dismiss at will, change your days, hours or work assignments any way they see fit, absent a union contract that protects you.

All you have is the right to quit, and then, if you do, a very poor chance to get unemployment insurance. But it definitely sounds as though there are people in your company who are trying to cut the staff without laying anyone off. So hang in there, do not quit. Let them fire you if they will. I certainly hope you can work with the changes they're making at least for a while, and they'll probably give it up. After all, they do need someone to work all the shifts, they can't put everyone on the worst one.

I once had an employer who made it a point to determine what shift would be the absolutely worst one for each employee in their personal situation (children in school, going to college, taking care of parents at home) and trying to give them each the schedule they wanted least of all. So the single guy who wanted to take classes during the day and work at night got to work all day, and the single mom who had school age children got to work second shift so that she was never home and awake when the kids were. It was considered a mangement technique.
 

rlynn721

Junior Member
How do I Let them Fiire me??? One employee just put in two weeks notice and I thinking about loa. How do if get fired without giving them cause? :confused:
 

Banned_Princess

Senior Member
How do I Let them Fiire me??? One employee just put in two weeks notice and I thinking about loa. How do if get fired without giving them cause? :confused:
its because you couldnt change your schedual. just keep coming in to work until they tell you to go home.

say, I will work the schedual I am on, unless you fire me for not changing my normal business hours.

How long did you work those hours by chance.

so you have decided not to try to go with the change?
 
Take your kids to work with you, then go to your boss and say "here ya go,I'll pick them up after my shift." Then hope the kids torment your boss to no end.
 

commentator

Senior Member
You let them fire you by telling them, on the day they tell you that you are from now on supposed to come in at 5:00pm, "I'm sorry, but I will not be able to do this. I would be able to come back on my regular hours. Are you sure you won't be able to let me continue this schedule?" Let them understand that you are not not going to be able to be there. If they say, then you're quitting? Say, "No, I am not, you are going to have to fire me for not being able to work the schedule."

Do not give them a notice, (none is ever required, though some try to demand it) do not give them a letter of resignation, let them know that you have tried very hard to find a sitter and work this out, and that it is just impossible. And we hope you really have, because you are going from a much larger salary to being unemployed, NO salary, and a possibility, NOT a certainty of unemployment benefits.

A LOA, I assume means you would like to be approved for a leave of absence. This means no unemployment benefits of course, since being out of work is your personal decision, would be some sort of official sanctioned period of leave given you by your employer...after which they'd take you back to work.
I don't know if they would do that, certainly do not HAVE to give you a LOA for personal reasons such as not finding a baby sitter to work the shift they've given you.
 

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