Being forced to quit?

[Subi WRX]

Do you have a union job? If so, can you get your union rep involved?

Where I work, there are shifted tours. You can be assigned to any of them, and they are often bid upon by seniority. If you can't work any of the three tours, you are not hired. Period. We promise no one that they won't get assigned nights, weekends, evenings. Can't work evenings, nights or weekends when you are assigned? This isn't the job for you. Just how we do it here.

I am not fully understanding your post, but did something change from when you were hired? Were you promised a day tour and then something changed, which is why you are being reassigned?

 

[jlima]

Do you have a union job? If so, can you get your union rep involved?

Where I work, there are shifted tours. You can be assigned to any of them, and they are often bid upon by seniority. If you can't work any of the three tours, you are not hired. Period. We promise no one that they won't get assigned nights, weekends, evenings. Can't work evenings, nights or weekends when you are assigned? This isn't the job for you. Just how we do it here.

I am not fully understanding your post, but did something change from when you were hired? Were you promised a day tour and then something changed, which is why you are being reassigned?

It sounds like day shift is for the high producers; and if your numbers don't meet a quota then you get moved to another shift.

 

[ajk912]

Probably everyone wants to work day shift and no one wants to work night shift, and that's why they are doing this? I think if you NEED the job it might be best that you make arrangements for your kids on the evenings you need to work. Maybe talk to your employer and say, "Look, I understand things are changing, but the only nights I can work are Sunday and Wednesday (or whatever you can work out)." I bet they would be willing to accomodate you if you were willing to bend a little. If you WANT this job (and don't need it for the money) I would tell them to shove it and quit. If you NEED this job..I would try to find a way. There is no guarantees on how long it will take you to find another job, and if they would be 100% days. But please, feel free to start looking when you are doing those night shifts. And then when you find something, you can go back to your employer and say, I found another job, and I hate to leave here but I NEED 100% day shifts to stay. Can you do that? If they say yes..well, you have a decision to make. If they say no, then you walk and you go to the new job.

 

[Ilike2Lurk]

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.

This brings you joy?

Karma. It ain't fun

 

[bicker]

The job situation is still pretty bleak, AFIAK. The financial crisis was so bad that it isn't surprising that it is taking more than nine months to get things moving again. I would have a new job lined up before you resign from your current job. By the same token, I wouldn't be surprised if you are let go for refusing to work assigned hours. Unless you have a contract that addresses work hours, any normal operating hours that include your position are legitimate hours to assign you to. Your choice is to either work when assigned, or say you won't work, and then face the consequences of being fired for cause.

 

[Rafiki31]

my only advice would be not to resign and let them off the hook. Not all states let you collect if you resign. If they must fire you, then fire you.

Is there someone you can swap shifts with? Or can you just do one or two nights and get childcare for those few? I mean honestly do whatever you can to try to make it work, but do not resign.

How many days a week do you work? WOuld you have to work every night? Are there any nights that you could get childcare? Try to come up with a compromise of some sort, or maybe the company can rotate the nigiht shifts, so that it is not all of the time?


How much is this job worth to you? I would probably refuse to resign, but start looking for something new immediately, because it does not sound like you will be there much longer.

 

[AKL_Megs]

I know that here in Michigan, "resign" = "quit". You can not collect unemployment if you quit. You have to be fired.

I would stand STRONG. Let them fire you. Accept the late shift, call in sick day after day after day. Tell them you can't make it, you have kids to watch... no babysitter, nobody to watch them. You'll make your point. Let them fire you. Consider it a vacation.

 

[luvestodizz]

Clarification post: I live in NYS and the Labor Dept wont give any advice on the situation. Ive been working a year with the company as a full timer- a year before as part time. It was never stated that shift times would change based on your stats.They just sent a memo one day saying you can choose form these shifts etc. Its not that I'm a poor worker just that x amount of others are doing better.
Anyway in NYS if you don't meet job performance you can collect unemployment.

 

[lillygator]

Clarification post: I live in NYS and the Labor Dept wont give any advice on the situation. Ive been working a year with the company as a full timer- a year before as part time. It was never stated that shift times would change based on your stats.They just sent a memo one day saying you can choose form these shifts etc. Its not that I'm a poor worker just that x amount of others are doing better.
Anyway in NYS if you don't meet job performance you can collect unemployment.

 

[mamacatnv]

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.

The offerings of COBRA are mandated by Federal Law and the employer is not obligated in any way to contribute to the cost and therefore that should have nothing to do with it.

Your company is trying to pull a fast one - if you cannot work the only shift they are offering then they need to document that so that you can get your unemployment and move on. If they are unwilling to document then you file for unemployment and if they contest it you appeal it. Its not a cut and dry system and at least in our state it is employee not employer friendly. Oh meanwhile show up to work until they escort you to the door.

 

[Pakey]

This brings you joy?

Karma. It ain't fun

In my current situation with my employee, it was my employee who decided to set her own hours. Her husband has his own business so she wants to spend her afternoons working for him. So she started coming in at 5am here in order to be out of here in the afternoons. Gee, wouldn't we all want to do this, set our own hours, to cut back on daycare costs, attend school functions, etc?

So I called her in and told her that I needed her here in the afternoons, along with the rest of the staff, during regular office hours. She told me she can't work the regularly scheduled office hours. So I told her she had one of a very short list of choices.

My rolling smiley was not one of joy, just that I found it a very odd that I was dealing with a similar situation on the exact same day. I've been in management for 30 years and I've never dealt with the situation before.

No offense to the OP or anyone else posting on this thread was intended.

 

[mamacatnv]

In my current situation with my employee, it was my employee who decided to set her own hours. Her husband has his own business so she wants to spend her afternoons working for him. So she started coming in at 5am here in order to be out of here in the afternoons. .

No offense to the OP or anyone else posting on this thread was intended.

I'm just curious did she just start doing this without consulting anyone? And if so how long has she been "allowed" to do this?

 

[bicker]

OP: You've been given some bad advice in this thread. (This is obvious because you've been given conflicting advice, so some of it must be wrong.) What you need to do is not do anything based on what random folks (like me) tell you on the Internet. If you plan to go to the mat, you need some competent advice from someone whom you can hold accountable for the advice they give you, either a lawyer or a public advocate.

 

[minkydog]

Clarification post: I live in NYS and the Labor Dept wont give any advice on the situation. Ive been working a year with the company as a full timer- a year before as part time. It was never stated that shift times would change based on your stats.They just sent a memo one day saying you can choose form these shifts etc. Its not that I'm a poor worker just that x amount of others are doing better.
Anyway in NYS if you don't meet job performance you can collect unemployment.

Is NY "at will" state? Here in Georgia employers are free to hire and fire for any and all reasons or no reason at all. They can change the rules, change the hours and workers dont have a lot of recourse, unless their company is run by actual human beings. Of course, if you belong to a union you do have a few more rights.

 

[sbell111]

I know that here in Michigan, "resign" = "quit". You can not collect unemployment if you quit. You have to be fired.

I would stand STRONG. Let them fire you. Accept the late shift, call in sick day after day after day. Tell them you can't make it, you have kids to watch... no babysitter, nobody to watch them. You'll make your point. Let them fire you. Consider it a vacation.

If one of my employees pulled this, I would happily fire him/her. Of course, if one of my staff doesn't make his/her numbers, I give them a chance to turn it around. If they fail to do so, they are let go.

It should also be noted that if you are fired for cause, you generally cannot collect unemployment benefits.

Minkydog: New York is an "Employment-At-Will" state.

 

[chicagodisneyfan]

I know that here in Michigan, "resign" = "quit". You can not collect unemployment if you quit. You have to be fired.

I would stand STRONG. Let them fire you. Accept the late shift, call in sick day after day after day. Tell them you can't make it, you have kids to watch... no babysitter, nobody to watch them. You'll make your point. Let them fire you. Consider it a vacation.

Being fired for excessive absenteeism with most likely result in NO unemployment given. I have fought this exact issue -where people will not move their shifts - and have won every time.

 

[HOGFAN]

facing a situation with one of my employees. Gonna have to cut her hours and she will have a fit. She will go over my head to try to get it reversed.