Legal Question in Employment Law in Pennsylvania

I was hired by a company under the impression that the work week would be a flex start time of 6-9 am and work 8 hours with some overtime. In the 2 months that I have been employed there, they have since changed the work schedule to various shifts with me working a variety of these shifts. Do I have an unemployment claim against them for this practice?


Asked on 6/06/11, 1:36 pm

1 Answer from Attorneys

Terence Sean McGraw Warren & McGraw, LLC

A significant unilateral change in job circumstances can be a "necessitous and compelling reason" for quitting, thus preserving your benefits. These cases are very fact sensitive, however. Without more information, I can only reply in generalities.

The greater the variation of the schedule that you now work from the one that was the schedule at hire, the better chance you have. The higher level of randomness of the schedule, the better chance you have. The more you can show that the change in the terms of scheduling has impacted you (e.g child care responsibilities, etc.), the better chance you have.

I would also recommend that you advise your employer of your difficulties with the schedule and try to negotiate a resolution. In a case, like this, the Referee is going to be looking for a bona fide effort to resolve the problem. You would be well advised to call an employment lawyer in your area who handles unemployment cases and obtain a telephone consultation at the very least.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.

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Answered on 6/06/11, 1:55 pm


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