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being asked to work mandatory extended hours but cannot due to childcare issues?

I have been asked to work mandatory extended hours at least 10 hrs per day, to also work the last Saturday of each month and also be available to work on short notice the other Saturdays. I am salaried so I do not get paid OT. This would not be a problem if I did not have a 2 year old that I need to pick up from daycare.


I tried getting as much work as I can during the normal working hours (I hardly take my breaks) just so I can get as much as I can done for the past year. In spite of this, I was still constantly pressured to work extended hours to complete my projects. Basically, I am given 10 hrs worth of work everyday. Whenever I mention to my manager that the reason I am unable to complete a project is because I was working on a higher priority project, the standard answer was always to "work longer hours and Saturdays". I am the only person who can pick up my daughter from daycare. I am constantly scolded and compared to other employees about not working extended hours that it is becoming very difficult for me to work.

The extended hours was not mentioned to me when I first got hired. I mentioned during my interview that I had a daughter but the subject about if working extended hours was never mentioned.



Hi,

You didn't tell me what state you are in .. so I can't even direct you to further information .. if there is any.

Comments for being asked to work mandatory extended hours but cannot due to childcare issues?

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Sep 20, 2011
Forced Mandatory OT
by: Cat

Lets say this situation was California...



Let's not.

At least, not until we take a look at the Q&A's specific to California Unemployment Benefits to see if I've already provided a link to a resource.

Jan 04, 2012
same situation
by: charlotte in NC

I had the same situation...I left a great job of 5yrs because I needed flexibility for a newborn baby- I was referred to another company, promised flex. on 40hrs...I took it in exchange for 20% of my salary-2mths into it, the pres. of the company said in order to constitute the flex. I needed, I should be putting in 50/60hrs a wk, on salary!!(I hadnt even taken ANY time off yet) I told him I couldnt find NOR afford childcare had a husband that worked out of state-I resigned & filed for unemp in NC after friends told me I was a fool not to- DENIED- appealed...-DENIED again-NC law from 1979/80 states "having a child is a personal burden not an employer burden" (nice huh...burden" I spoke to a lawyer- the lawyer said that I shouldnt have argued the "facts" but should have argued the "law"- I have time to get in a second appeal...should I waste my time & appeal again only to get denied due to my "burden" as the state says-or say "family hardship due to childcare issues"...??? :(




The only way to know for sure is to have a hearing rep listen to the recording of the hearing and if there is merits for a board appeal. If there they think so, then have them write the written argument for you to send to the board ..

I would say the attorney you spoke to got it write, however it might be more apt to say you've got to argue the facts in such a way so as to make the law pay attention.

Sounds to me like you accepted the job based upon the promised flex schedule at the time of hire. That is what made it suited to your personal circumstances regarding your "burden" and it wasn't you that changed the conditions shortly thereafter, but the employer that made it an impossible situation for you which you would have refused if you'd known. Therefore the quit was attributable to the employer for you having "no choice" but to quit .. because they changed the game first and made the work unsuitable.



Chris






Jan 05, 2012
childcare
by: Anonymous

Chris- you make so much sense- I wish that I had posted on this board prior to the 1st hearing- it's amazing what you find out "after the fact"- I emailed NCESC appeals board last night- I may have until tomorrow until it's all thrown out- I requested that someone else take a listen to the recorded hearing- I also made note that in my hearing, the original officer paused & said to me "so would you say this was a personal issue??" , I paused & replied "well, yes, a child is a personal issue b/c if I can't find childcare nor afford it working 50/60hr work weeks, I consider that personal."...then came the denial letter "personal burden"...ugh




Just a sidenote here .. did you know hearing officers are mandated to be "impartial"?

Whoever believes that just because a human is mandated to remain impartial (which is in direct opposition to human nature) contact me .. I have some ocean front property to show you in the Rocky Mtns.

Let me know what the board decides.

Chris
PS .. sorry about my last answer. I know my grammar sucks most of the time, but I reread it and could barely follow along .. so thanks for being kind about the making sense:)

Jan 05, 2012
childcare
by: charlotte in NC

no worries on the grammer!! you still made complete sense (I was able to decipher lol)..let me ask you though, do you know what the definition of "family hardship law" is?? I'm trying to find it & find where it pertains to childcare so if by some cosmic chance I get a 2nd hearing, I will know what I'm taking abt & I can argue the law, not my honest & truthful facts as I said I would under oath!



Here's some links that should help with your research.

The NC Unemployment Precedent Manual Even those capable of arguing their own case fore unemployment benefits, need to look at precedents to make sure they're on the right track.

And here's what NC submitted to the federal government to receive a full incentive payment from stimulus funds (everyone remember that?) Leaving Work For Compelling Family Reasons.

However, once you read that, you should notice why I am inclined to not centrally focus on the childcare issue, but that it only became an issue forcing you to quit when the employer altered the terms and conditions of employment from the original information they provided to you which nudged you into making the decision to accept the job.

Additionally, if it had been me, I would of submitted employer created documentation (usually found in the employee handbook) regarding their policy on flexible schedules .. if it would have helped to show they were treating you differently, therefore not enforcing that policy uniformly.

So be certain to scour the precedent manual for decision regarding quits when the employer alters the conditions of the work from what they were originally.

Mar 31, 2014
same question
by: Anonymous

Lets say its a trucking co in Ga and they get paid a percentage of the loads they deliver. Asked for less hours because of health reasons, causing depression and blood pressure to go up. Instead of less hours they now are forcing more hours. Air is broken in truck and blows constantly at 135+ degrees which is causing heat exhaustion on top of exhaustion from driving 70+ hours a week. How does that work if you quit?



Mar 31, 2014
Answer to Anon in Georgia about Quitting Pt. 1
by: Chris - Unemployment-tips.com

Quitting a job in Georgia works pretty much the same way it works for anyone in any state who has the burden to prove good cause. \

Just not making efforts to correct a problem with the work is frequently, enough to stop the collection of benefits.

If I contend that good cause to quit can only exists before anyone quits their job .. for any reason .. and you mentioned more than one reason for quitting, but I still contend that proving good cause is wrapped up in an individual's efforts to remain employed and REASONABLY, therefore, making an employer aware of medically documented needs which lead to a doctor suggestion, or order to get a work accommodation for the medical problem. Or maybe being forced to operate unsafe equipment under unsafe conditions ..what might you be missing ...

Are you trying to tell me you are being forced to complete your job using unsafe employer owned equipment? I can't really tell, but it's neither here, nor there because you have not addressed anything approaching proof of good cause to quit .. just a bunch of reason with no actions referenced.

I'm certain you have not only a right to refuse to perform your job safely, but the right to complain as an employee to the correct reporting regulatory agency .. maybe the DOT, or OSHA about these issues.

I don't really know which might be your primary problem with the job, hour, conditions, or safety issues, but I have no way to help anyone escape the burden of proof to quit a job.

Fulfilling the burden, is usually confirmed through an employee's documented efforts (also showing they were desirous of maintaining employment) to address these problems with the work and make the employer aware .. so they cannot later claim .. you had never informed them.

I can rarely help anyone who quits without doing anything to at least try to do some documenting in an effort to preserve the employment, or counter document an employer's reaction to this.

Even if it's so bad a reasonable person would also quit it's how UI laws are interpreted and supported by proof employees resist. Maybe it just our long history as employees at-will. we fail in the nerve department.

The only party in an unemployment appeal who expects anyone to prove a cause for quitting, or getting fired is the unemployment hearing referee, officer, alj, or whatever a state may call them.

So, you can in essence, quit with good cause, but not be able to prove one word of your story as fact.


Mar 31, 2014
Pt. 2 to Anon in Georgia
by: Chris - Unemployment-tips.com

If anyone is going to quit for purposes of getting and keeping UI benefits .. even if the employer's action may give rise to speculations they are ignoring employee rights laws .. trying to force the voluntary quit quit, so they don't have to fire you and take on the burden of proving misconduct .. you need to readjust your thinking about what you think is ultimately, good enough to show good cause .. it's the proof that supports your story for quitting which actually amounts to being what compels a favorable hearing decision.

And since it's not clear if you are in fact a covered employee for purposes of being qualified for an unemployment claim in the first place,
I will call your attention to the fact, this is nothing less than another question looking for an answer I refuse to explain, or even try to give anymore for free.

I cannot give you, or anyone, permission to ignore the heavy burden of proof required to voluntarily quit a job and then to prove it was in actuality, the employers fault for the quit at an unemployment appeal hearing.

But I discuss options for a small coaching fee if you're still employed.

Chris

Mar 31, 2014
ga
by: Anonymous

There are text messages stating the need to stop working the number of hours not allowed by law. Truck driver is the occupation. The temperature of the heat being blown out is recorded along with every phone call to each level of command. Started at the bottom and worked the way to the top. Each saying sorry but thats how it is. It is documented with the drs office the concerns. This has not been formally presented bc no one will state where it is to be turned in to. Kind of passing the buck in that situation. As for not stating if said person qualifies, I dont know what you want me to provide. Are they a full time employee, yes. Do they take out taxes, yes. Is it paid in every week, yes. I have looked through your blog/forum and couldnt find an answer. This is all new to me. I wasnt asking for a free answer just a direction to turn in. The dol website seems to run in circles with no clear cut answer as to where to even begin.




Really? Not one Q&A in the blog/forums to give that provided an answer about good cause for quitting due to health?

Of course, even for this reason you still must be able to fulfill fulfill the burden of quitting as being attributable to the work, or the unreasonableness of the employer who will not accommodate doctor advised work restrictions and that means being able to prove by documentation you made them aware of the need for accommodations advised by your physician.

Go to the State Unemployment Non-monetary Comparison Charts (opens in new window).

Then go to table 5-2 and scroll down to the footnotes about Georgia when someone quit due to their own illness.

It implicitly states, "GA - job must have made the condition worse, and quitting must be advised by a doctor".

You might also try using the search bar located in the upper right of most pages on this website and putting the following into it to narrow the amount of voluntary quit questions I've answer as well about health reasons .. because the amount even overwhelms me at times .. such as this.

Quitting due to health reason

When I performed this search .. it returned at minimum ten pages of results.


Mar 31, 2014
Ga
by: Anonymous

Must be because I am using my phone to search. Like I said, Im new to your forum. I'll search again from my computer.


okay, good idea.

Dec 14, 2015
Frustrated
by: Anonymous

I'm being asked to work mandatory extended hours, but cannot due to childcare issues and my commute. I wasn't told for OT is not on my contract, however I've been asked to comply 2 hours extra daily from over time. I'm already paying 2 childcare and still unable to comply. I was told that I have 2 weeks to Å•esolve my childcare issue. I live in upstate and work in New York City Manhattan. I have almost 2 years. Single parent an get fire only because can't do the 2 hours daily of OT.



Dec 14, 2015
For Frustrated in NY
by: Chris - Unemployment-Tips.com

I find the thing about a contract saying an employee never has to work OT hard to believe, especially, if you're a non-exempt (hourly) employee. If there really is something in your contract .. mind quoting it?

Overtime in general, is not something an employee often finds they have good cause to refuse, but sometimes employers can be unreasonable in that a single parent, could potentially LOSE money to comply with the employer's rules, or mandate to work two extra hours per day.


I myself would use the two weeks to attempt to resolve and find childcare. And if I were unsuccessful, I would of documented each and every effort and thing I tried to make the situation work .. including working out if this requirement would cost me more money and become financially detrimental to comply. And if so, I would be sure to lay it all out for the employer so they might choose to be reasonable.

I still don't know if you would have good cause to quit, or enough to combat misconduct/insubordination, but without any proof of my efforts to keep my job, all I would have to file for unemployment benefits with is just another sad and incomplete unemployment story that didn't rise up to prove I DID make an effort to resolve my childcare and potentially an additional financial hardship for that childcare caused to me when the employer insisted I work two extra hours per day .. for how long?


Because you're in NY, I think it is best to read up at the following info located at the NYDOL's UI interpretation index.

Be sure to read relevant decisions the index may link to in the case synopsis's for further explanation and understanding of how the outcome, might relate to your outcome.

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