change of hours?

by Angie
(Georgia)

After coming back from sick leave, my position and hours were changed. I took the blow, and kept it moving. After business slowed, I was told that my hours would change again but I would be required to work (1) 10 hr day and the rest of the week, I would have to work 2 hrs past any time I have ever been asked/hired to work. That of course would cause me to pay out money for child care for my children with no extra compensation. Does this present a case for unemployment if I quit?




Hi Angie,

I can only make an informed guess based on what little information you provided.

I'd say no .. I think you would be disqualified based on what you told me .. the time to have raised a fuss would have been when you came back after being out on sick leave. And of course you always have the option of doing so now .. maybe your reasons include more compelling stuff than what you have relayed here.

I'm not clear though if your hours are just being changed or if they are requiring you to work two hour without compensation.

Comments for change of hours?

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Apr 19, 2010
Hours Changing also
by: Ernest

Hello,

I have a similar question, but my hours have not changed as of yet...but my hours may change.

When I was taking this position, I called to verify what hours I would be working to see if they would be OK for our situation.

Here: My wife works: 2pm to 11pm.

I called to see if I would be working day shift. They verified that I was listed as 8 to 430 pm. Great! so I started.

here is the situation. I get in and now I am finding out that anyone with higher seniority can bump my hours to another shift.

I have turned down other jobs with hours that I could not accomodate.

We could not find a babysitter that would watch my 6 month old until 11-1130pm...so I turned down other positions and took this one for the hours.

If they were to change my hours, this would cause a hardship since there is no one who could accomodate these hours.

Do I have cause to get unemployment if I were to quit?





What state do you live in Ernest.


Sep 24, 2010
Similar situation
by: Anonymous

I'm a nurse, and when I accepted a position with NY state, I was given a writen notice of the hours and days that I would be working. At this time I am being told that the particular work schedule is being changed from a 2pm to midnight shift, to possibly a 530pm to a 330am shift. I find that those hours are unreasonable. Since the original agreement for the hours that I was hired for is being terminated, would I qualify for unemployment even if I am being offered a different shift, and days that I could work?



Hi,

Since you live in New York State I'll refer you to their interpretive index. See Voluntary Separation Section 1660 maybe?

Since you have a written hiring agreement .. there is hope.

Oct 20, 2010
Change of hours/travel required
by: Anonymous

Hello,
I have always had a flexible work schedule (able to work remotely when needed). Prior to my maternity leave, I was told that I could only work 2 days from home and 3 days in office. I agreed. I was also told that I would not have to travel anymore (about a year prior to my pregnancy). Once I returned from maternity leave, I was told that no one was allowed to work remotely anymore and I would be required to work in office 5 days a week. In addition, I was told that in two months I would be required to travel again. Traveling was not an option for me. With two children and a husband that travels himself 5 days a week, I could not travel. I had to give my two weeks notice due to lack of flexibility and travel requirements. Can I apply for unemployment?
Thank you,
Anonymous



You can apply. Whether you get benefits though will depend on whether you can support that there was good cause to quit.

What state do you live in? It might matter.

The argument would be to show the employer made a substantial change to the conditions of the employment, but when you quit, even for this, it doesn't release you from the burden of quitting which is to show you made efforts prior to quitting to retain the job.

Nov 15, 2010
Hours Changed
by: Chicago Chick

I have a similar situation. When hired (even in employee handbook) hours are 8am - 5:30. My co-workers have quit and not been replaced and we took on additional accounts. We were now working 7:30 am - 10pm, midnight -- sometimes even 2AM the next day! Employer's official line was they were "looking to hire more people", but immediate supervisor said they were actually enjoying the reduced overhead and increased profitability so they weren't really looking to hire. They basically said "You are exempt and we can work you as much as we want. In this economy, be glad you have a job at all." We asked if we could put our actual hours-worked on our timesheets -- just to make sure higher-ups knew the hours we were putting in. Our supervisor said no -- we can only put 40 hours on our timesheets and who cares because they weren't going to pay us OT anyway? Working upwards of 14 hours a day for almost two years was taking a toll on my health and my family. I tried to be a team player but could take it no more. I finally snapped and quit. My phone hearing is this week. Do I even have a chance?? Thank you!



Hi,

What do you have to prove the actual hours you were required to work?

Witnesses to corroborate? Emails? Written directives from your manager?

The lack thereof doesn't necessarily mean you'll lose, but you will have to be the party who is found to be most credible or persuasive at the hearing.

Cross your fingers that the employer doesn't show for the hearing.

Oct 23, 2011
Change of Hours
by: Chicago Chick

I had nothing to prove my hours worked since we weren't allowed to record actuals on timesheets. My employer fought my filing. I won. They hired an Unemployment Consulting firm and Appealed. I was sure I was toast....but I WON again! The arbitrator wanted to know: Did the hours get extended over time (yes); Did the employee bring it to supervisor's attention (yes); Was it within the employer's control to remedy the situation (yes). Arbitrator was compassionate that I was working 12 - 14 hour shifts for almost two years. My theme during the hearing was "I was pushed to the brink, no one in their right mind quits a job in this economy unless it's unbearable." My employer could have easily lied about my notice or hours since I provided no paper. He didn't. I'm a 99+ weeker!



That's great news Chicago Chick!!

May 07, 2014
quoting due to employment offer Changing
by: Anonymous

I recently quit my jibe due to the employment offer changing and harassment. When I took the job I was specifically offered a job that was at a location close to home and hours were at 8:30 in the morning. After I had been there over 90 days the employer changed the hours to 8 which was impossible due to taking my daughter to school and then made me start traveling to satellite locations. I have numerous times told them that this was impossible and that I did not accept the job with these conditions. Then I started receiving discriminating remarks from coworkers and management. Is this a good cause to quit. I have talked to management many times and nothing has been done


Don't just talk, document what was talked about and stop cluttering your issue.

Given you recently quit a job, that quit may be found to be without good cause and even if you do manage to have good cause to quit the new job .. you would still likely, have a disqualification from the first quit with an earning requirement in the subsequent job.

Question: When you took this job, were these terms and conditions you think you accepted .. in writing?

I'd bet money the answer is no. Most employer try to avoid putting those sort of promises about terms and conditions of the job in writing .. and employees never seem to understand when are going to take the hiring managers word for it .. they should think about how to document what was told to them that made them think accepting the job was a good idea in the first place.

Your issue has to do with accepting suitable work and why quitting suitable work is disqualifying.

May 08, 2014
Just cause to quit
by: Anonymous

I do have an employment offer that states the time of hours were 8:30 - 5 unless patients in the office nowhere in the offer does it state traveling. I also have documentation on me going to management in regards to the hours changing and me no being aware of having to travel anywhere in the employment offer. I always document. I have spoke to management numerous times and nothing had been done. Instead I have been belittled and called stupid and have even received a write up for being late and that was due to the office changing work hours that were not in my offer that I signed do I have just cause.





Hi Again,

One of the reasons I no longer want to answer questions via the blog .. even when the question comes in the form of a comment to an original question, is because of the question I don't have enough information to answer .. let alone, definitively.

Do I have good cause to quit? Seriously now, it can take a hearing presiding over an appeal hearing scheduled for at minimum, for 30 minutes and sometimes continued to another day to last hours to gather the information to answer that question.

The burden to prove good cause isn't mine .. it's yours and part in this is to just open you up to the idea that good cause is an argument.

Whether you quit, or not will always be your decision, but right now .. I do not know enough to say, one way or another if your proof is sufficient to prove the employer made a substantial change to the terms and conditions of hire that has now made the job unsuitable per whatever state's law would control the claim.

Considering I was just accused in another comment of a need to lose my attitude, I would like to bring your attention to the fact that although I may of stopped answering questions about getting unemployment on the website, I still do answer questions about it when someone wants to take the time needed to evaluate their merits for coaching, or representation.

I talk to a lot of people, so I can know enough about their situation to feel confident I'm giving them an intelligent guess as to the outcome.

I asking you now if you're inquiring about Ohio unemployment benefits because they refer to good cause as "just cause" and Ohio, unlike Georgia (where the person resided who asked this question originally) does have their own unemployment case law research resource to help you further explore your question about just cause in relationship to your situation.

May 08, 2014
Just cause to quit
by: Anonymous

I appreciate your help where and I did see that per there website that employment offer is an example that they use for just cause of quitting employment. I just wanted someone else's input as do I have a point but it's up to me to prove with documentation which I have. I am at the process to have a phone hearing and I have now got printed texts from manager in regards to what I originally agreed to as terms for being employed there and also the fact that nowhere in my offer does it state I am to travel to satellite locations. Thank you again. Any feedback is appreciated.



All I can say now, is that you should decide which problem you're going to focus on for the reason for quitting.

A substantial change to the original terms and conditions of hire which made the job unsuitable, or whatever you think is discrimination.

But, don't forget, childcare arrangements are generally thought to be the responsibility of the parent and if you didn't at least try to find a way to both arrive at work at 8am and get your child to school on time .. and discuss your efforts and inability to do this with your employer .. I'd call it a weak spot in your argument you would want to form a credible and thorough answer for if it was just a verbal conversation which an employer witness might not "recall".

Charges of discrimination are not within the jurisdiction of an unemployment appeal judge to decide, but testimony about using the employer's grievance process, or filing an official governmental complaint can make your testimony more credible, if properly presented to rebut the employer's version, which might be to testify you didn't make them aware, so they could try to correct that intolerable condition.

And stories of discrimination being the cause for quitting .. are often an overstatement of something that boils down to a personality conflict, but regardless, once officially complained about, something an employer should not ignore .. because treatment afterwards can appear purely retaliatory.

Don't be surprised if you mention discrimination at your UI appeal hearing and someone asks .. did you complain about it through the proper channels .. before you quit .. because there is a standard of law called the "reasonable person" and once at a hearing, it's the referee who is that reasonable person. What would he/she do prior to quitting a job? If they understood how unemployment worked. they'd make their complaints of discrimination known .. and potentially official prior to quitting to add weight to their verbal testimony.

Aug 19, 2014
Hours cut completely
by: Anonymous

My husbands *** employer and location in KY deleted to protect employees*** has cut about 3 guys hours completely, but have them call daily to see if they will be working each day. It is a no because they let the guys with seniority drive.

He was working 50-60 hours a week but they lost contracts and trucks went down so all the newer hires are being done like this.

He has worked here over a year. If he quits can he get full unemployment? It seems they are trying to force the guys out to keep from paying benefits.



Hi,

You are asking about what I would call a "lack of work claim".

My standard advice is I don't give anyone approval to quit a job, but in your husbands case I'll add this.

Hell no, don't quit because it would be without good cause because his burden to prove good cause still has the options left to save the job.

And this is his option.

Instead of quitting without good cause, file a claim for partial unemployment benefits.

If he doesn't work at all in any week, he would receive full benefits, but if he does work a bit, he may qualify for a partial benefit and could potentially receive more than the amount of total benefits.. because that how partial unemployment benefit formulas work.



Now .. you can't control what the employer chooses to do once they find out he has filed a claim, but what he does to protect his ability to collect should the employer discharge him .. is all within his control .. to prove it was for something other than misconduct.

Oct 31, 2016
Can i collect unemployment for constant changes to work scheduled
by: Anonymous

My employer has changed my hours 6 times in two months. Today they told me my hours will change again tomorrow. I tried to discuss it with them and got no where. So I quit. No one else's hours have been changed. They told me "another" employer told them I didn't want over time, which is not true. I told them I never discussed anything related to over time with them, supervisors. Can I collect unemployment? I have had to cancel so many things and I can't keep doing it.

Oct 31, 2016
Changes to work schedule
by: Chris - Unemployment-Tips.com

I'm sorry, your question is devoid of the necessary information to answer the question as it relates to the burden of proof to quit a job with good cause that might be proven as attributable to the work, or employer.


The question should be premised from the point of view that any at will employment relationship can be ended without good cause for any rational, or irrational reason.

But to meet the burden of quitting .. you need to begin by focusing on explaining by first qualifying the problem to the terms and condition of employment you were hired for.

A work schedule changing weekly is not an uncommon practice in lots of service type industries (retail, hospitality, food/restaurant etc., etc.) .. as compared to an office type 9-5 Mon - Fri typical schedule.

Once the terms and conditions of YOUR job become clearer, I might have something to say .. worth saying .. just because I feel there's something worth repeating for your benefit.

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