Forced to Quit

[piercejpierce]

My question involves labor and employment law for the state of: Ohio

I was working threw a temporary service for a year at a factory, after a year they hired me on full time. Then 2 weeks in the full time employment they told me i had no chose but to go to second shift. i told them that there is no way i can because there in no one to watch my son,(daycare is closed, i don't know any one, the people in my home work second shift all these were explained to them). The next day they said the only way I can stay on first shift is to resign then sign back up at the temp service and they would bring me back(which i recorded this conversation see you tube below). i told then i would be there ready to work on first shift Friday and Monday and if they fire me then they fire me but im not resigning and they would have to fire me. What do I do from here the Monday im pose to start second shift is the 16th of July.

[PandorasBox]

Unfortunately, Unemployment is going to say - you work whatever shift is given to you. Got a kid - you make arrangements for child care. There are a lot of places out there, so you can't claim you can't find a place to care for your child.

If you fail to work that shift, you are treated as a voluntary quit, and not eligible for Unemployment.

[piercejpierce]

thats cool and all but i just sign a osha complaint for the unlicenced fork lift driver, the exsposes 440 electric wires and in proper chemical handling procedures.

[PandorasBox]

That is different from Unemployment. That is OSHA.

Unemployment, until after an investigation, is going to say You Quit, as your original post said - you won't work second shift.

You will be asked why you waited until now to file those complaints.

Can you prove this forklift driver is unlicensed?
Do you have photos or proof of the exposed wires?
Do you have proof of improper chemical handling processes?

At this point, OSHA may investigate. But also....you are still a "quit job" in Unemployments eyes.

[piercejpierce]

i do have proof of all these things

[eerelations]

OK so take said proof to OSHA. Doesn't change your UI status though.

[piercejpierce]

i did and ten they said i was fired cuz i hacked into there computers which i didn't and are holding my check now i have this check and 1 more they owe me. I told them i have no problem turning my pc over to the computer police people but there still holding my checks. this place is family owned and Crookes.
and for those who might want to see the photos i took of osha violation go here

s429.photobucket.com/albums/qq15/p1rat3/Osha%20violations/

[LawResearcherMissy]

We don't care about the OSHA violations. They are not germane to your UI claim.

OSHA can nail them in a million different ways. It will not matter to the folks at ODJFS - if you quit, you don't get UI.