Legal Question in Employment Law in New York

Was placed on Graveyard Shift I Quit and I hope I can get Unemployment

I have been employed as a Concierge at a co-op apartment building located Midtown East in Manhattan for over 20 months, having been promoted from the lowest entry level building service worker ranging from porter to security and eventually concierge was not easy, especially since I was in school the entire time. I have supported my employer and my coworkers in every manner I have had available to me.

My shift was a day shift for over a year, a shift where I had weekends off and time available to spend with my family. In mid October my schedule was changed to a complete five day a week graveyard shift with no prior notice or reason. Thus I have handed in a resignation letter which was demanded of me by the Superintendent of the building in which I am employed, effective the 28th of December so I can still collect my Christmas bonus. Am I entitled to unemployment benefits considering that my reason for resigning was a switch of schedule which drastically disrupted my personal life?


Asked on 12/15/04, 3:52 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Was placed on Graveyard Shift I Quit and I hope I can get Unemployment

Probably. I wouldn't hand in a resignation letter though. If your employer challenges your right to beneifts you would have to argue that the change of schedule was unreasonable and in effect a constructive discharge.

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Answered on 12/15/04, 4:52 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Was placed on Graveyard Shift I Quit and I hope I can get Unemployment

I think you will have problems now that you handed in the resignation Try to get it back so they can't say you quit- you can tell them that you can't work those hours, that you need to look elsewhere, and let them fire you, with good references.

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Answered on 12/15/04, 5:00 pm


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