Legal Question in Employment Law in California
Eligible for unemployment after change of shift?
I worked at a company for over five years when management called everyone in my department (9 people)in and told us our department was going to be eliminated on a specific date one month in the future. They offered all of us different jobs; however, the one they offered me had a shift completely different from the one I had been working. They told me that was the only job available, and I could either take it or leave it. They gave us three weeks to decide whether we would take the new jobs or not. I tried to find childcare for my two children (ages 5 and 6), but due to the unusual hours of the shift was unable to find even a single childcare provider open during those hours. I am a single parent and have no relatives in the area. When the company demanded a reply, I informed them I would be unable to work that position due to childcare issues.
When I filed for unemployment, my employer challenged my claim by saying that I ''quit for personal reasons.'' They contend that they offered me a job and that I refused it, which is equivalent to a resignation. There is no allegation of misconduct, as I always received excellent reviews.
Under these circumstances, would I qualify for unemployment benefits?
2 Answers from Attorneys
Re: Eligible for unemployment after change of shift?
Normally, when a person resigns or rejects a job they are qualified for, they are not eligible for unemployment benefits. An exception is when they do so for good cause. In your situation, good cause may be shown if you had no alternatives. Be well prepared for your hearing to back up everything you claim.
Re: Eligible for unemployment after change of shift?
You might. You should argue that what they did amounts to a constructive discharge. That is where they put conditions on you that are so unacceptable that it makes you quit. It�s a bit of a long shot but worth a try.
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