Can I collect unemployment if have been fired for not agreeing to a new time schedule?
I took my current job (going on two years now) for four main reason: 1) Not commission based, 2) Only 2 weekend days required/month, 3) Position added to my experience within my degree, and 4) Not a salesperson/ sales based.
Over the past year, due to economic conditions, I have given a little bit in each of those fields; I have begun working as a 'salesperson' which is also completely out of my degree of study (though told it would only be temporary), have begun working extra weekend days (as requested by employer), and have moved to a more commission based pay. I made these concessions on a temporary basis, trying to be flexible.
Today, my boss told me that I needed to agree to work every weekend and work a at a new job site an hour away or lose my job. I am also four months pregnant, which makes me fear that if I say NO to the changes that I wouldn't be able to find another job until after the baby is born. If I say no and get fired, will I be able to collect unemployment or will it be equivalent to 'quitting' because I COULD have worked, but I was unwilling/unable to do so?
Thank you for your help.
Another great question because you are anticipating the possibility of a problem.
The previous changes in the condition of employment that you have accepted show acquiescence. This is a problem for lots of people simply because the changes were accepted.
Therefore, I think it's best to focus upon the most recent change pending.
If you refuse the transfer .. my guess is whether the employer fires you or not, it will be seen as a voluntary leaving. The question is whether you will be able to prove that it was a constructive discharge or whether the employer's action gave you no alternative, but to quit.
I finally found the Illinois unemployment precedent decisions resource .. This search result page opens in a new window.
I think you should start with "refusal of work" and then move on to voluntary and misconduct.
There were some "distance to work" decisions under the refusal heading. Another thing you might look for are decisions relating to experience and training.
The heading titled IDES.PDF has an extensive Table of contents which may give you some other ideas as to what to look for.