I have a disabled child who needs care during the day, my job refuses to give me the night shift. I can't work the day shift anymore my daughter's health has worsen, can I collect ummeployment?

by rey
(Bronx, NY )

I have a disabled child who needs care during the day.

My job refuses to give me the night shift. The offer three shifts and they still refuse to help me.

I can't work the day shift anymore my daughter's health has worsened.

Can I collect underemployment? I am ready and willing to work I just can't work the day shift anymore.





Hi Rey,

I feel for you, but you're asking about getting unemployment and regardless of why you need that night shift, if you quit, the burden will be yours to prove.

Aside from the fact that I know you have pursued getting your shift changed .. I don't know if you have sufficient documentation to prove the need and the hardship their refusal is causing you as the primary caregiver of a disabled child.

I suggest you read the information at the link above before you up and quit.

Your employer may be actively engaging in disparate treatment which is an infringement of your rights.

When we quit a job it is a fundamental requirement to prove we had good cause and sometimes filing an EEOC complaint is what will grab the employers attention that you mean business and they may do an about face.

However, if they don't and instead decide to insist on not offering a reasonable accommodation for whatever reason .. it becomes easier to get UI benefits.

Convoluted I know .. but we protect our right to unemployment benefits best while still an employee.

One question .. have you exhausted FMLA or if not available to you have you used all medical leave offered by the employer?

And here's the UI interpretations for quitting with or without good cause.