Threat of Losing Children Forcing Me to Quit, Can I Collect Unemployment

My question involves unemployment benefits for the state of: Michigan.

I am the mother of 3 children, 12, 11, and 5 years old and I am currently working 3rd shift. Until last month I was paying my niece who is 19 to babysit my children while I worked. When her father became ill she moved back to Chicago. I tried to find 3rd shift child care providers, but all the local ones are not accepting new clients. So I decided that my 12 and 11 year old were responsible enough to be home with my 5 year old while i went to work. However, my son doctor told Child Protective Services that I leave my children at home overnight. CPS came out and told me I can not leave my children at home anymore if so they will remove my children. I had my mother come out since then, but she lives in another city and will be returning home at the end of this month and I still haven't been able to find another sitter. I have been trying to find a day job with no success

I have spoken with my team lead and HR, but they have stated they can not allow me to change my hours. I love my job, but I don't want to lose my children. At this point and time my only option is to quit to ensure I keep my children, but I would need some income while I looked for employment.

Can I quit and still collect unemployment? Based on what I have been reading here quitting and collecting unemployment is very rare. Could someone please tell me what I can do to improve my odds of collecting unemployment once I quit?

Either your reason for leaving employment qualifies you for UI or it does not. There is nothing we can tell you to "improve your odds of collecting unemployment once you quit". If lack of child care on third shift is a qualifying reason for you to quit and collect benefits in your state you'll get benefits; if it isn't you won't. Nothing we can say is going to "improve the odds"; whether or not any given personal reason is a valid reason to quit and get benefits is generally a pretty black and white issue. There can be some wiggle room in work related situations, true, but quitting for personal reasons either is, or it isn't.

Michigan law is pretty clear that there must be a good cause attributable to the employer for you to quit and get benefits. Your employer is not responsible for the fact that your child care provider moved out of state. Therefore, I would not count on getting unemployment if you quit.

If you are low income, try contacting social services and request a list of low income sitters. You likely will not get UI for lack of child care.

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Quoting NotSure2012

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My question involves unemployment benefits for the state of: Michigan.
At this point and time my only option is to quit to ensure I keep my children, but I would need some income while I looked for employment.

Can I quit and still collect unemployment? Based on what I have been reading here quitting and collecting unemployment is very rare. Could someone please tell me what I can do to improve my odds of collecting unemployment once I quit?

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Have you asked CPS if there is aid you can receive after you quit if you can't draw?

Three more suggestions:

1.) Give notice to your employer. You never know when a new opportunity might come up. Stay on good terms.
2.) Ask your employer if they would consider "not contesting" your unemployment. As you are resigning it may be unlikely, but ask. While the state ultimately decides who gets unemployment, your employer can actually indicate to the state they do not contest your eligibility for unemployment... Ask for help from HR.
3.) When you file for unemployment, indicate that CPS indicated they would remove your children if you continued to work your shift, not simply "I resigned."
Again, it may not help, but I have seen some unemployment be approved for stranger reasons.

FYI, the employer not contesting unemployment will not make any difference at all. If the reason for the termination of employment does not qualify for benefits, then the state will not approve it even if the employer indicates that they are agreeable to it. I have had employees turned down for unemployment when I did not contest and was willing for the employee to receive it, because they left for a disqualifying reason.

OP, off the topic of UI, but related to your situation:

In the state of Michigan, there is no formal "latchkey" age, except that children under 10 should not be left unsupervised.

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According to the Child Protection Law, there is no legal age that a child can be left home alone. It is determined on a case by case basis but as a rule of thumb, a child 10 years old and younger is not responsible enough to be left home alone. A child over the age of 10 and under the age of 12 will be evaluated but the case may not always be assigned for a CPS investigation.

http://www.michigan.gov/documents/dh...2_179456_7.pdf (page 15)

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Get your 11 year-old and 12 year-old Red Cross certified. The American Red Cross offers babysitter classes - which include First Aid training and certification - on a regular basis for kids aged 11 - 15. Also, read here. This will be helpful if your sitter (when you find one) is sick and can't come to work.

Also keep in mind that CPS cannot just stomp in and take your children, no matter what the social worker may have said or implied. They MUST get a court order to do so, and unless they can prove the children are in imminent danger, such requests can be denied. I am not familiar with the judges in your area, but here in my hometown, "improper supervision" petitions are frowned upon if the children being left alone are Red Cross certified and the home is otherwise in good order. I know it's frightening to be visited by CPS - been there, done that, and for dumber reasons - but try to keep a level head.

For help finding a sitter, try here.

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Quoting cbg

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FYI, the employer not contesting unemployment will not make any difference at all. If the reason for the termination of employment does not qualify for benefits, then the state will not approve it even if the employer indicates that they are agreeable to it. I have had employees turned down for unemployment when I did not contest and was willing for the employee to receive it, because they left for a disqualifying reason.

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I have had the opposite experience. Perhaps I approach it differently than you.

Or perhaps your employees would have been approved regardless. The state is not in the habit of letting the employer approve benefits that would otherwise have been denied.

Where is the other parent?

Could the other parent take the kids?

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Quoting cbg

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Or perhaps your employees would have been approved regardless. The state is not in the habit of letting the employer approve benefits that would otherwise have been denied.

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The state isn't in the habit of letting the employer approve benefits that would otherwise be denied, but the state in general (including MI) is open to input from employers. HR can assist the employee with the material provided at separation. HR can also assist if the claim is denied. There been a few cases where a claimant's benefits were initially denied and I contacted the state as the employer to explain why I believed they should reverse their decision. While the times I have done this are very few and far between since in general, unemployment claims are something we fight, I have never "lost" one of these.

It depends on how involved HR is willing to be and how you approach it.