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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.

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Nov 15, 2011
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Yes, yes I have
by: Rey

I wrote my employer a letter requesting the Night Shift, I included sections of the FMLA Law and even attached a copy of the sections. They denied me. and refused to give me a letter in writing. Ive taken leave of absences, vacations and I get written up for it.

I have doctor letters stating that it is beneficial that I work the night shift to care for my daughter.

Ive called the Dept of Labor and I still haven't gotten any help.

What upsets me about the most is that, I've tried so many ways, I have a huge file even recordings of my supervisor giving me extra work and making work harder for me, because I keep going to HR, labor relations, and my union for help to get the night shift back!

Simply put, i'm being harassed by being given extra work because I am trying to pursue the night shift to care for my disabled daughter.



So you've opened grievance through your union?

Excuse me, but don't you think it's time to find someone to be threatening .. like a civil rights lawyer of some kind? Or at least an actual official EEOC complaint .. I'm not a lawyer so I don't know what's viable, but I do know that retaliation becomes easier to prove after you draw a line in the sand and file official complaints.

I took a look at the USDOL to find all the offices of the NYDOL that are supposed to offer some kind of help. Which one is letting you down?

I wish I could help more, but to protect myself, I can't tell you it's okay to quit, but on a personal level .. if it were me .. I'd just keep on documenting, talk to a lawyer and let them fire me.

Because then the burden is theirs .. and what they are trying to do now is force you into quitting to preempt the threat of you.

I wouldn't push, I'd shove back with the weight of what is right and reasonable on my side.

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