Being forced to quit?

[luvestodizz]

I work full time

 

[pyrxtc]

you can either choose to move to nights or let him fire you..... ?? That would be the only option for you. You cannot resign and he will either let you continue working days or fire you.

 

[RitaE]

Unemployment varies by state but here if you are unable to work the new shift because of childcare or transportation (or similar just cause) impossibilities you would still qualify for Unemployment Benefits.

Just "not wanting to" wouldn't qualify however.

 

[Corwin12]

In my state, transportation issues would be an automatic disqualifier ... the late shift is a maybe. If you are the sole adult caregiver to care for a child under the age of 16, you can limit your available to a particular shift.

 

[luvestodizz]

It seems they dont want to fire me- the choices are choose a night shift or resign. Ive told my manager already I am not resigining. I have small kids so that is why I can;t work nights. Its like a standoff- I say I can work my normal shift and he(mgr) and an HR rep say choose a night one or resign. I dont know what else to say to them.

 

[golfgal]

How about working harder to get your performance stats up so you qualify for a day shift? What changed in your performance that disqualified you??

 

[aka-mad4themouse]

I'm going to move this over to the Community Board.

That's a tough choice, OP. I know how you feel. My supervisor once insisted that I had to work an evening shift even after I told her that I couldn't (small kids at home, DH worked late hours). We went toe to toe over it for quite a few weeks. It was a very tense work atmosphere for everyone while we argued it out. I hope that you can get it worked out amicably. I wasn't fired and I never worked that evening shift. But I had an adversarial relationship with my supervisor from that point on.

 

[Binnie]

Depending on your state, a resignation doesn't necessarily disqualify you from UI benefits. It can make it more challenging, but not necessarily impossible.

All you would have to do is explain the situation to the UI rep. Your working conditions are changing in a way that makes it impossible for you to continue to work in that organization. Based on the facts of the matter, the UI rep will make a decision.

 

[minniecarousel]

hmmmm...are they wanting you to resign so that you won't qualify for unemployment?

 

[Pakey]

This sounds so much like a conversation I had with someone on my staff today about her hours. I told her she had 3 choices: work the hours I set, quit, or be fired. Her choice.

One reason that an employer may want you to resign rather than be terminated is because of the Cobra benefits. If you voluntarily resign, your employer would not have to pick up a percentage of the cost of your Cobra benefits.

 

[lovetoscrap]

It seems they dont want to fire me- the choices are choose a night shift or resign. Ive told my manager already I am not resigining. I have small kids so that is why I can;t work nights. Its like a standoff- I say I can work my normal shift and he(mgr) and an HR rep say choose a night one or resign. I dont know what else to say to them.

Sorry you are going through this.

It does present a very interesting dilemma. So what happens if you just keep showing up for your regular shift and refuse to resign? What does the employer do then if they are set against "firing" (assuming it is because of the ramifications of unemployment and insurance)?

Are the employer's responsibilities different if you are fired "for cause"--insubordination or not showing up for scheduled shift (they claim you are on night shift), as opposed to being fired without cause???

 

[dsny1mom]

I work full time days. My employer started changing shifts and my performance stats no longer qualify me for a day shift. I can either choose a late night shift or voluntarily resign. Is this the norm because if I resign I wont be able to collect unemployment but how can I accept a shift I can't work? Help please!

Apparently UI benefits qualifications vary from state to state. If I were you I'd contact my local UI office and find out what would disqualify me.

In my state if you are being told to take a night shift or resign you would not qualify for UI based on having young children or lack of transportation.

My guess is that your employer is giving you the option to accept a night shift or they will just assign you to one and if you don't show up they will have just cause to term you and then you won't qualify for UI benefits either.

dsny1mom

 

[C.Ann]

Don't resign.. Put them in the situation of firing you.. Although things very from state to state, I know in many cases if you are "terminated" you will still be able to collect unemployment - you will just have an additional 2 week waiting period on top of the normal 2 week waiting period (and that's typically only if your employer fights it).. I've known several people who have been terminated for various reasons and with at least one of those people, it was a situation similar to yours.. Call your local unemployment office or check it out online to see what requirements you need to meet..

DD was terminated back in '06 because she could no longer perform her job duties due to medical issues (some related to a car accident, some not).. She filed for unemployment, her employer did not contest it, and within 2 weeks she had her first check.. (This was in NY..)

Good luck with whatever you decide to do..

 

[rgf207]

How about working harder to get your performance stats up so you qualify for a day shift? What changed in your performance that disqualified you??

I think you may have misunderstood. The op is saying that her good stats are no longer a factor in her working days. She's not saying that her performance has dropped. It's just not taken into consideration when determining shifts. Correct OP?

 

[quentina]

I work full time days. My employer started changing shifts and my performance stats no longer qualify me for a day shift. I can either choose a late night shift or voluntarily resign. Is this the norm because if I resign I wont be able to collect unemployment but how can I accept a shift I can't work? Help please!

You can collect when you resign if you can show due hardship. If you are terminated for poor job performance, you may not be able to collect. Every state has different policies, I advise you to review your UC website.

In PA, many people collect for what you described. I am a HR specialist with my company and see this every day.

In the handbook states that you must do XXX to work XXX and you are not doing it, you will not collect (willful misconduct will be able to be proven).

Best advise, read handbook and know what the company policies are.

 

[quentina]

Don't resign.. Put them in the situation of firing you.. Although things very from state to state, I know in many cases if you are "terminated" you will still be able to collect unemployment - you will just have an additional 2 week waiting period on top of the normal 2 week waiting period (and that's typically only if your employer fights it).. I've known several people who have been terminated for various reasons and with at least one of those people, it was a situation similar to yours.. Call your local unemployment office or check it out online to see what requirements you need to meet..

DD was terminated back in '06 because she could no longer perform her job duties due to medical issues (some related to a car accident, some not).. She filed for unemployment, her employer did not contest it, and within 2 weeks she had her first check.. (This was in NY..)

Good luck with whatever you decide to do..

Accoding to trade magazines, more employers are challenging UC. I know I appeal and fight 50% of claims. The only way I won't is if I am positive that we will not win or if it was beneficail of the company to rid ourselves of the associate. A company's UC premium is based on prior years claims. If you appeal/argue, you can save a ton of money the next year.

 

[C.Ann]

Accoding to trade magazines, more employers are challenging UC. I know I appeal and fight 50% of claims. The only way I won't is if I am positive that we will not win or if it was beneficail of the company to rid ourselves of the associate. A company's UC premium is based on prior years claims. If you appeal/argue, you can save a ton of money the next year.

Interesting.. I guess everyone is having to tighten their belts these days..

If I were the OP, I would still check with her local unemployment office to see just what her options are..

 

[jlima]

This sounds so much like a conversation I had with someone on my staff today about her hours. I told her she had 3 choices: work the hours I set, quit, or be fired. Her choice.

Why is that funny?

 

[TwinsinCA]

Why is that funny?

I was wondering the same thing.

 

[tinatark]

They may transfer you to the night shift, then when you don't show up you are fired "for cause"= no unemployment.