Quit because my job location and schedule has changed

by Michelle
(California)

I work in California.

Last week my manager informed me that as of the 1st of next month I am to change work locations and my hours will be switched from 8a-5p to 10a-7p. I work in my current location solely due to my childcare issues. My manager and director both know this, and were OK with it a couple months ago. Now, this seems to be an issue and they want me to relocated to another office about 45 minutes from where I currently work. The issue is that I have very limited child care available. I have a family member who wacthes my children now. If I were to change locations I would need to either put my kids in regular child care which would be VERY costly (compared to the deal I get with my family member), OR commute to drop off my kids at their current child care (about 18 miles from my home), then commute to work (about 45 miles from the child care). I would then need to do the same to pick them up one I am OFF AT 7PM!

This is just not feasible for me and my family. It would mean taking my son out of his pre-school & child care, and my newborn daughter as well, out of their surroundings in which they are comfortable.

After speaking with my manager and Director about my situation, they both stated the new schedule & location are non-negotiable. They stated the 2-week period they gave me before the "move" is ample time to get my situation in order.

After doing research on child care, pre-school
and travel time for the new schedule, I will be practically spending more money than I bring in. This would cause not only a financial burden on my family but on my children because of the huge change they would have to go through.

Does this situation give me 'just cause' for quitting my job and can I still collect unemployment?







Hi Michelle,

Have you read California's determination guide yet?

I'm going to suggest some sections to read.

Here's a link to it. Voluntary Quitting (opens in new window)

Scheduling can be good cause, but the quit is usually due to a substantial change to the terms and conditions of hire, or a refusal to accommodate someone's scheduling needs due to a health issue.

If you read any questions about quitting, you'll notice I try to explain why not to quit without first establishing you tried to preserve the job.

Here's some relevant sections in the guide.

VQ 5 (c) "voluntary (moving party)
VQ 150 Travel, Time, Distance and cost factors (C) is relevant to you)
VQ 155 Domestic circumstances
VQ 440 (F) Transfer

I'm sure I have the same question the EDD will have .. Why is the employer transferring you and changing your hours?

Let me know what you think after you apply this information to your situation.

I would also say that you have made an attempt to preserve the employment when you discussed this with the employer and they stated that the change is non-negotiable.

But, I'd try to get that in writing .. because i'm cynical about how the ER's story might sound once at a hearing.

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Jul 21, 2009
RE: Quit because my job location and schedule has changed
by: Michelle

I personally feel that my employer is making these changes to my schedule in order to work me out of the company. This is what my company does; I've seen it time and time again. But the reasons they've given me is that because my manager is located out of this other office, they need me located there as well (but, as I mentioned before, my location was not an issue a couple months ago when I returned from maternity leave) and because they are adding new resonsibilities to my job which would require me to work with a different group of people within my dept. I need a schedule that is more conhesive with theirs.

I've sent my manager an email offering up additional work schedule options and clearly stating that I'd like to come to a happy medium and continue to do my job at the best of my abilities. They have not replied to this email.

Additionally, because of limited child care, last week I asked for two days off as I would not have anyone to watch my children. My request was denied staing that I have no vacation/sick time accrued in order to take the time off. I explained that I was in a bind and I'd take the time "unpayed" if need be since I had no options. The response was "your request for time off is denied. You are expected to be at work this Thursday and Friday. If you do not arrive to work on either one of those days, your absence will be subject to disciplinary action." What are my options now? I HAVE to take time off to be with my kids because I have no one else who can care for them those two days. If the "disciplinary action" they speak of is Termination, do I qualify for unemployment?


Michelle,

You are trying to get the employer to act reasonably. You are documenting by emailing your efforts to preserve the employment.

I don't know of anyway to manhandle an employer to bending to our reasonable requests.

Just keep making the efforts to preserve the employment .. if only helps you to do this. And those emails are very useful as documentation when and if the need for unemployment arises.

Michelle, it is the employer who is altering the conditions of employment and making the demands. Your only concern should be to cover yourself .. in case they fire you or basically make changes to the job which give you no other reasonable alternative, but to quit.

I understand what's going on and I empathize with your dilemma, but all I can tell you is that if it were me .. my main concern would be that I have a tight case no matter what happens .. to receive unemployment.

I should also say that I have based all this on an assumption that you exhausted FMLA with the maternity leave .. correct?

Jul 22, 2009
RE: Quit because my job location and schedule has changed
by: Anonymous

You are correct, I have no other leaves available as I've used all while I was out with my baby.


Did the information in the determination guide help you to understand your situation any better and what you need to focus on to get unemployment?

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