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looking for legal advice, can anyone help?

my dh is going back to work and works graveyards mon-fri, sometimes sat. i've been available at my work full time (even though they only work me about 16 hours a week) what i am working is paying for my gas to get to and from work so daycare for my ds would only make it so i was practically paying to work. so i told my work that i was available to work mon-fri 10am-2pm, that way my dh who works 11pm-7am would only have to watch our 4month old for a little while. it is company policy that everyone is available open-close and work at least 1 weekend day. and since i don't fall under that anymore my boss is telling me that since i am changing my availability that she is considering it resigning. now, i'm not quiting my job. i want to work, but because of my infant son and my dh working graves, i can only work from 10-2 mon-fri. wouldn't that be grounds to be laid off as opposed to me being force to resign?


 
nickellmomof2

Asked by nickellmomof2 at 11:42 PM on Aug. 12, 2010 in Money & Work

Level 17 (4,683 Credits)
This question is closed.
Answers (12)
  • We are an at will state. Even if we fire someone for cause, people can usually get unemployment. We are a 24/7/365 business and we have similar policies to your employer. If someone is hired for X shift, they must be available to work that shift. If they want to apply to change shifts because something changes in their lives, that's fine. But we can't always accommodate that. If they are no longer able to do the job we have available for them, then they are essentially considered "resigned". Now, they can still file for unemployment if they qualify, but we can opt to fight it.
    BuddyRoo

    Answer by BuddyRoo at 2:31 PM on Aug. 13, 2010

  • if youre an ' at will employee' they can fire you for no reason at all. You should know if you are or not, you sign a document before they hire you that this is an at will company
    leksismommy

    Answer by leksismommy at 11:53 PM on Aug. 12, 2010

  • SaraP, she just explained if she's there full-time she would have to pay for daycare, which would cost as much as what she makes. That seems to me like a good reason not to be available full time.
    Adelicious

    Answer by Adelicious at 12:13 AM on Aug. 13, 2010

  • What it boils down to is this - for this position you must be available at these specific times to remain employed. You are coming to them and saying I am not longer available for the times I agreed to, therefore yes you are resigning by no longer agreeing to the terms of your employment.


    For example, I work FT in an office 8-5 which was clearly outlined as a condition of employment when I was hired. If I came to my boss and said "I'm now only available 10-2" it would be considered a resignation because I am telling them that I am no longer willing/able to abide by the conditions of my employment. It's immaterial if that reason is under my control or not. Those are the hours of the position and if I tell them I can no longer work them then *I* am quitting, they are not firing me/letting me go. Understand?

    deadheadjen

    Answer by deadheadjen at 10:21 AM on Aug. 13, 2010

  • sorry, asked earlier, but need more advice.
    nickellmomof2

    Comment by nickellmomof2 (original poster) at 11:42 PM on Aug. 12, 2010

  • this is an at will company, if they want to fire me that's fine. but they are trying to force me into resigning, saying that the second i change my availability that i am giving my resignation. i never said i don't want to work for this company. i want to work for them but i can only work 10-2 mon.-fri. i am not resigning.
    nickellmomof2

    Comment by nickellmomof2 (original poster) at 11:58 PM on Aug. 12, 2010

  • Actually what you want to do is reasonable, but what they are saying is perfectly legal B/c their terms are outlined up front as you already stated. They are not firing you, but saying since you are trying to change Their Terms and conditions then you are resigning.

    Personally, it sounds like you are a slave to your job, and working to make someone else wealthy...I work from home and never pay for Daycare and I set my own hours and days...I also make a FT income from working about 20 hours a week. Feel free to message me..I have a personal special going on..
    Happymom2-2

    Answer by Happymom2-2 at 8:44 AM on Aug. 13, 2010

  • A layoff only occurs when the employer eliminates the position. They cannot layoff an employee and then immediately hire someone else for the same position. Therefore, this is not a layoff. I believe they are perfectly within their rights to call it a resignation, because you are no longer able to perform the job (availability-wise) for which you were hired.
    andrea96

    Answer by andrea96 at 9:17 AM on Aug. 13, 2010

  • Also, under the scenario you described you are not eligible for any unemployment benefits.
    deadheadjen

    Answer by deadheadjen at 10:25 AM on Aug. 13, 2010

  • Why don't you ask for a leave of absense or to be placed on the seasonal help list? Just incase employment status for your dh changes.
    MKsGrammie

    Answer by MKsGrammie at 12:11 PM on Aug. 13, 2010

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