1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

My employer changed my scheduled working hours

Discussion in 'Employment, Labor, Work Issues' started by HELGAP, Nov 9, 2009.

Thread Status:
Not open for further replies.
  1. HELGAP

    HELGAP Law Topic Starter New Member

    Messages:
    14
    Likes Received:
    0
    Trophy Points:
    0
    3 days before getting off of maternity leave, my boss called me and told me I would be working from 8-4:30 when I returned to work which was not the hours I've worked of 5:30-2 for the past two years. I have two children and have scheduled my time to fit around picking them up after 2 and my son needs to be picked up by 5 but it will be impossible for me to get there on time with the new schedule, as well as cause financial problems having to extend daycare. Will I be granted unemployment based on this information 3 days before getting off of maternity leave, my boss called me and told me I would be working from 8-4:30 when I returned to work which was not the hours I've worked of 5:30-2 for the past two years. I have two children and have scheduled my time to fit around picking them up after 2 and my son needs to be picked up by 5 but it will be impossible for me to get there on time with the new schedule, as well as cause financial problems having to extend daycare. Will I be granted unemployment based on this information and is this considered "voluntary quit" or wrongful termination?
     
    Last edited: Nov 9, 2009
  2. Patricia_Young

    Patricia_Young New Member

    Messages:
    845
    Likes Received:
    57
    Trophy Points:
    0
    I've responded on the other forum on which you posted your question.
     
  3. HELGAP

    HELGAP Law Topic Starter New Member

    Messages:
    14
    Likes Received:
    0
    Trophy Points:
    0
    Thanks for the reply

    Thank you, I've actually answered your question (on the other forum). But you'll have to read down further to get a clarification on my disability/maternity leave.
     
  4. jharris352

    jharris352 New Member

    Messages:
    2,837
    Likes Received:
    344
    Trophy Points:
    0
    I would be interested in the answer Pat. Can you repost it here?
     
  5. Patricia_Young

    Patricia_Young New Member

    Messages:
    845
    Likes Received:
    57
    Trophy Points:
    0
    If I can remember which site it was.
     
  6. jharris352

    jharris352 New Member

    Messages:
    2,837
    Likes Received:
    344
    Trophy Points:
    0
    I'm curious about the nutshell answer. I don't need much.
     
  7. Patricia_Young

    Patricia_Young New Member

    Messages:
    845
    Likes Received:
    57
    Trophy Points:
    0
    Had to do with whether or not the job was protected under FMLA/CFRA, since such leave carries pretty strict job restoration rules.
     
  8. jharris352

    jharris352 New Member

    Messages:
    2,837
    Likes Received:
    344
    Trophy Points:
    0
    You might have noticed I stay away from FMLA questions because I know so little about the law.
     
  9. HELGAP

    HELGAP Law Topic Starter New Member

    Messages:
    14
    Likes Received:
    0
    Trophy Points:
    0
    Yes I was protected under FMLA/CFRA, but if they were going to change my horus had I not been under FMLA/CFRA, wouldn't they have had to terminate/lay me off because I wouldn't have been able to take the job?
     
  10. Patricia_Young

    Patricia_Young New Member

    Messages:
    845
    Likes Received:
    57
    Trophy Points:
    0

    They could have considered it a voluntary quit.
     
  11. HELGAP

    HELGAP Law Topic Starter New Member

    Messages:
    14
    Likes Received:
    0
    Trophy Points:
    0
    Which brings me to my question exactly...would the state consider it voluntary quit?
     
  12. mightymoose

    mightymoose Moderator

    Messages:
    10,439
    Likes Received:
    1,572
    Trophy Points:
    113

    It is absolutely a voluntary quit. You would not get unemployment benefits. You still have the same job with same benefits, just different hours, and the state doesn't care about that.
    Had your hours been cut back then you could claim unemployment, but you did not lose hours.
    The most reasonable solution here is to explain the problem to the employer and try to work it out. Maybe there is someone else that can trade shifts?
    From the state's perspective they will expect you to work the new hours and pay for child care yourself.
     
  13. HELGAP

    HELGAP Law Topic Starter New Member

    Messages:
    14
    Likes Received:
    0
    Trophy Points:
    0
    If I had been notified earlier maybe I could have tried to arrange my daycare schedule differently but I thought everything was fine until he called me 3 days before after I already had everything scheduled around my original working hours. And I did ask him if he could work with me, instead of 8-4:30, i asked for 7:30-4 just so I could be sure I could pick my son up by 5 because I can't be late picking him up from preschool or they kick him out (and from my job to his school, its traffic hours at its peak by that time). I had no other alternatives, no family members because they all work past 5, so i had no choice but to "quit" but he still told me either to take the position or there'd be no position for me =(.
     
    Last edited: Nov 13, 2009
  14. mightymoose

    mightymoose Moderator

    Messages:
    10,439
    Likes Received:
    1,572
    Trophy Points:
    113

    The state will view it as exactly that- your choice to quit.
    If you have applied for benefits you may receive them initially, but once they find out how things went down they will be cut you off and demand that you repay them.
    Hopefully it isn't too late to keep the job.... give the new hours a try and see how it goes. maybe it will work out. If not, at least you will have some income while you look for a new job. Getting something is way better than getting nothing.
     
  15. theretoo

    theretoo New Member

    Messages:
    296
    Likes Received:
    14
    Trophy Points:
    0
    I would be interested in this as well. My former CA employer is very confused, as am I, on this issue as well, except that in my situation, my employer was trying to force a "schedule" issue while I had approved FMLA/CFRA time. Writing me up for time that was protected under FMLA/CFRA then denying other FMLA/CFRA/disability time.
    My personal thoughts are that they don't want to understand the public policy because it is too difficult for them to understand, they "refuse" to be told what to do by "doctors", etc. So their issue with the law and compliance is blamed on me.

    They have a bad day and it becomes the employee's fault. The OP's employer must be related to my former employer. They simply have "old" school thinking that women should just stay home and have no use in the workplace and they try to "force" their personal beliefs on the working population of women. Interesting. So they can "prove" their point, they will do whatever they think they can get away with to keep women out of the workforce because of their beliefs that "women belong at home".

    No employer has the right to invade the privacy and choices of their employees like that. They would apparently prefer that those of us with careers become a burden on the state instead of working for a living.
    Ask your employer if they will mind their taxes being used for taking care of you and your family while they make going back to work too difficult for you. :)
     
  16. HELGAP

    HELGAP Law Topic Starter New Member

    Messages:
    14
    Likes Received:
    0
    Trophy Points:
    0
    Well I definitely could have not taken the new hours whether or not I had more time because, one, they wouldn't have been willing to give me more time, and two, they obviously wouldn't work with me. Besides, its too late. They have broken so many laws... Even paying me out my vacation pay almost two weeks later when they should have sent it to me within 72 hours.
    I know for a fact that if the state takes my side, they will pay unemployment. Especially if they deny and I appeal because they don't like to go to court. This was just so unfair. He knew my situation, and they never forced people to take different hours before, this is the first time they've done that and I'm pretty sure it was to force me out of my job. But whatever, Karma is a bitch I suppose. Thanks for hearing me out.

    and by the way theretoo, you can file a complaint for pregnancy discrimination especially if you are in california. i'm still thinking about if it's even worth the fight since i was covered under this too.
     
    Last edited: Nov 13, 2009
  17. mightymoose

    mightymoose Moderator

    Messages:
    10,439
    Likes Received:
    1,572
    Trophy Points:
    113

    You quit your job without notice. The employer did not have to pay you until the next scheduled pay period. If you are fired then it is different.

    Did they tell you what the reason was for changing your hours?

    SO long as they offered you the same or a comparable job with the same pay and benefits then they are in the clear. Not getting your preferred shift is not something state unemployment will consider for coverage.

    You aren't going to be able to come up with a legitimate discrimination argument over this.
     
  18. HELGAP

    HELGAP Law Topic Starter New Member

    Messages:
    14
    Likes Received:
    0
    Trophy Points:
    0
    They were the ones who told me to take the position or leave it, and I told them I couldn't take it, so yes they knew I quit. It's not like they told me to take it or leave it and then I just never showed up. What are you talking about?

    And like I said, I should have been entitled my job back under FMLA/CFRA, maybe you should read up more on that issue.

    The change in hours were due to them wanting me to work a high account in their company.
     
    Last edited: Nov 13, 2009
  19. mightymoose

    mightymoose Moderator

    Messages:
    10,439
    Likes Received:
    1,572
    Trophy Points:
    113

    You were offered your job back! You refused it and quit!
    The state won't care that you didn't agree with the hours. They will see that you voluntarily gave up the job.
     
  20. HELGAP

    HELGAP Law Topic Starter New Member

    Messages:
    14
    Likes Received:
    0
    Trophy Points:
    0
    Okay, so what was the point of you telling me that they didn't break the law by waiting a pay period to give me my last check? They did, and they broke the law by not giving me my job back under the same conditions according to CFRA, like I said, look it up. Your a guy, you obviously wouldn't care about those type of rights. I will let you know if unemployment agreed or not, otherwise, done with you, thanks.
     

Share This Page

Thread Status:
Not open for further replies.