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Can I quit my job because job hours dont match with childcare time?

by Shanel
(New Jersey)

I live in NJ and work part-time. I have a 2 year old and I took custody of an 8 year old about a year ago because of someone passing away. I also go to school in the morning and I work in the afternoon from 1pm-8pm.

Someone was helping me care for the children while I was at school and work but they can no longer help me. I don't make enough for regular daycare being that I work part-time and my job hours go past the typical hours for childcare.

I also don't have anyone to pick up or meet the 8 year old child when he gets out of school at 3:00 p.m anymore.

I was considering quitting my job. If I do would I be eligible to collect Unemployment?

(I've been working for the company about 4-5 years)

Chris's Answer

Hi Shanel,

I doubt very much you would receive unemployment if you quit due to childcare issues because you did not mention anything that sounds like a reasonable effort being made at work .. to work out your issues that might preserve the job and also shift the burden of quitting as being attributable to the work, or the employer.

For instance, when an employer is unreasonable and never even considers the circumstances for a request being made by an employee .. even if childcare issues are the responsibility of the employee to work out.

Despite this fact, employees do ignore the burden, even my repeated harping to focus on the burden, even when the employer is the one to make the substantial change to the terms and conditions of employment that caused the childcare issues.

Ignoring it in either case is also, ignoring that NJ unemployment law requires attribution of fault to the work, or the employer whatever the cause for quitting due to childcare problems.

You also hinted at some other things that might be among your problems with eligibility for benefits.

You Must Be Able and Available to Work While You Collect Regular Unemployment Benefits

Being able and available to look for and accept suitable work is a conditional eligibility requirement to collect benefits in each week you certify you're still entitled to collect benefits.

Just telling me you cannot afford childcare, would be enough for me to question your intentions and for the NJ unemployment department to flag a claim that ends up being paid .. not to mention . you mentioned going to school and potentially collecting unemployment .. all in the same short question.


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Mar 26, 2017
Question About Not Having Childcare
by: Anonymous

I have been working for this job for a little over an year, I have a 9 month d child along with 2 school aged kids, I'm currently taking my sick time because my babysitter decided to just up and quit on me. Now I can't find child care for my 9 month old and will not have anyone to attend to the other two children when they get home from school. Could I qualify for unemployment benefits?

Mar 26, 2017
To Question .. Why Would My Answer Be Different?
by: Chris -

For my answer to possibly be any different, than what I told the person (I doubt it) who asked the original question about New Jersey benefits, "Can I quit my job because job hours dont match with childcare time?", I would require a minimum of information to work with to say I think your situation is much different.

For instance ....

What state would you be trying to get benefits from? It can matter if, let's say you're trying to collect from Pennsyvania .. vs. NJ.

Even if you tried to preserve your employment and were fired vs. quitting, I'd then need to ask if you would be able and available to accept a job while collecting unemployment (it's a conditional requirement to be eligible to collect) because you made your your current child care issues, sound hopeless for you to resolve before you sick time is gone?

Help me out here, please. I would suggest you first read what I have to say about meeting the burden of proof to quit .. or disproving a burden is met if fired.

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