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  1. #31
    Join Date
    Mar 2012
    Posts
    1,337

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    I didn't need to know the exact title because I could tell from what she wrote that she was at the first step and has a chance to do better at the next.

    What you quote comes from the state website, and they aren't regulations. They what all the state websites say and they aren't much use to anyone.

    Regulations look like this: http://www.azsos.gov/public_services/Title_06/6-03.htm In PDF format, there are over 99 pages.

    These are what the the deputies use to decide your case. They try to sum thing up in 5 words or less and then find something in the list that fits.

    The ALJs on the other hand are usually trained in legal matters and are better at parsing things out. A claimant can come in with a laundry list of reasons they quit. It only takes one to make a good cause quit.

    Based on the decision she typed in, ID appears to be a state that doesn't allow for good personal cause, and there are states like that.

    Had she lived in a state like CA, she would have need to go here http://www.edd.ca.gov/uibdg/ which is a wonderful resource when your own state doesn't clarify things, and you just hope that behind the scenes that your state operates similarly.

    Also, if she were in CA, she could rely on this http://www.edd.ca.gov/uibdg/Voluntar...Q_500.htm#Time

    "When an employer changes the time schedule, he or she is in effect changing the agreement of hire. However, such a change does not automatically give the claimant good cause for quitting. When the required days, hours, shifts, etc., result in undue hardship for the claimant or are contrary to the law, he or she will have good cause for leaving."

    As far as I can tell, ID has no such resource.

  2. #32

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    I didn't put in every detail of my case, as it would have been a bit burdensome for me to write and others to read - so I included what I thought was pertinent. There are assumptions being made that I didn't look for childcare - which was not at all the case. I was on a continual hunt for months trying to find somewhere else that would be appropriate for my son for the new school year (I was unhappy with his current provider when I saw one of the workers hit a child on the head with a plastic baseball bat when she didn't know I was there). I knew all the centers in town, their rates, their hours, etc. I also interviewed a couple of home providers, but their hours were similar. I do not have any friends or family who can come over to my home at 3:30 in the morning, or would be willing to have me drop him off at theirs. Nor should they be burdened with the care of my son because my employer decided to make a change that was unwarranted and against our agreement.

    I do believe we had an agreement, as not only did I list my availability, but when I was hired, I was told verbally that it would not be a problem for me work only during those hours. There were a few exceptions when I came in at 4 a.m. on heavy production days (the day before Thanksgiving, etc.) but those were the exception and not the rule. It's not a problem finding someone willing to do it for one day only, and worse came to worse, I would have kept my teenage son home from school to babysit for a single day. Obviously that can't be my solution.

    Additionally, I was not given the TIME by my employer to make other child care arrangements. I was told my new schedule would start the next day - period. The next day I came in at my normal time and told my boss that I didn't have childcare to start coming in so early and he told me that he understood and wanted to know when my last day would be. That was it. He didn't offer to work with me, I didn't beg for my job - he drew the line in the sand. He did not offer me another position in the company or any other way to keep my job - which he already admitted to the interviewer. He said he "might" have been able to find a place for me, but "that's not where her skill set is".

  3. #33
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    Quote Quoting chyvan
    View Post
    I didn't need to know the exact title because I could tell from what she wrote that she was at the first step and has a chance to do better at the next.
    What you are trying to do is suggest that you have knowledge or authority that you, in fact, lack.
    Quote Quoting chyvan
    What you quote comes from the state website, and they aren't regulations. They what all the state websites say and they aren't much use to anyone.
    Are you being serious? Follow the link again. You see how it is on the adminrules.idaho.gov website, which explains "Administrative Rules have the force and effect of law and as such are subject to a comprehensive process that includes review and approval by the Idaho Legislature in order to become final and enforceable"? Do you see how the specific section of the Idaho Administrative Code that is under discussion is titled "Rules of the Benefits Bureau"? Are you going to persist in your assertion that they're not the administrative rules applicable to and binding upon the benefits bureau? What do you think regulations are?

    It's great that you found some Arizona regulations, but this discussion isn't about Arizona. It's about Idaho.
    Quote Quoting chyvan
    Based on the decision she typed in, ID appears to be a state that doesn't allow for good personal cause, and there are states like that.
    That has been stated, repeatedly.
    Quote Quoting chyvan
    Had she lived in a state like CA....
    But she doesn't live in California. She doesn't live in New Jersey. She doesn't live in Arizona. She lives in Idaho.
    Quote Quoting UnemployedAgain
    View Post
    There are assumptions being made that I didn't look for childcare - which was not at all the case. I was on a continual hunt for months trying to find somewhere else that would be appropriate for my son for the new school year....
    You already confirmed that you made no effort to seek child care when the shift change was announced. It's great that you're now claiming special knowledge of all the child care providers throughout your region and, as you have already been told, you are free to present documentation that none can accommodate you when you appeal.

  4. #34
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    Again, do you live in one of those towns that has no fire department, police department or hospital or is the marriage rate in your town and all the surrounding towns 100%?
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  5. #35
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    UnemployedAgain;744102]I didn't put in every detail of my case, as it would have been a bit burdensome for me to write and others to read - so I included what I thought was pertinent. There are assumptions being made that I didn't look for childcare - which was not at all the case.
    How could you look for daycare, or more accurately, why would you look for daycare if you had already given your notice?



    I do believe we had an agreement, as not only did I list my availability, but when I was hired, I was told verbally that it would not be a problem for me work only during those hours.
    so, if I work for a company and tell them I can only work certain hours, should they go out of business they have to still allow me to work those hours?

    Obviously an extreme example but the point is: they no longer offer the shift you are willing to work. Due to that, you do not have a job. The did not put you out of work. There merely told you they no longer had a position available that met your requirements as specified at the onset. If you want to work the new hours, fine. If not, thank you for your service.



    There were a few exceptions when I came in at 4 a.m. on heavy production days (the day before Thanksgiving, etc.) but those were the exception and not the rule.
    very big whoa. You said there was nothing available and you absolutely could not work starting at 4. Obviously that statement is not true.


    Additionally, I was not given the TIME by my employer to make other child care arrangements.
    you are waffling here. First you said you gave notice immediately upon being told the new schedule. Then you state you were looking for daycare (why I don't know if you had already given notice of termination). Now you are arguing they didn't give you time to look for daycare.


    Then I was told my new schedule would start the next day - period.
    but it didn't, did it?
    I didn't beg for my job - he drew the line in the sand.
    yet in this latest post you said you continued to look for daycare., Why if you no longer had a job?



    chyvan posted:

    "When an employer changes the time schedule, he or she is in effect changing the agreement of hire. However, such a change does not automatically give the claimant good cause for quitting. When the required days, hours, shifts, etc., result in undue hardship for the claimant or are contrary to the law, he or she will have good cause for leaving."
    but her job was also not as a manager yet she had no problem accepting that change (hhmm, sounds like the claimed pseudo contract was dissolved long ago) I presume it included more money as well and she had no problem accepting that. The only time she had a problem accepting a change the employee put forth is when it did not benefit her.

  6. #36

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    Quote Quoting Mr. Knowitall
    View Post

    You already confirmed that you made no effort to seek child care when the shift change was announced. It's great that you're now claiming special knowledge of all the child care providers throughout your region and, as you have already been told, you are free to present documentation that none can accommodate you when you appeal.
    I am going to have to correct you - I NEVER said I didn't look, or hadn't been looking already, as I had. None of the centers or providers I found were acceptable to me or didn't want to take my son, so even though I had been looking, I actually FOUND nothing suitable. I didn't include this initially, as I didn't see what bearing it had to do with the fact that my employer changed our informal employment agreement and forced me out of my job.

    To be clear, I said they didn't give me enough time. Despite the fact that I had already been looking beforehand for other reasons, I found nothing suitable, so I would still need time to find suitable care for my son, and a handful of hours was not enough time to find suitable care for a child with special needs. Not only is it unfair to place to my child in an environment where he would not be safe, but it would be unfair for other children to be around a child who isn't well-socialized and the providers don't know how to deal with. It's not as easy as some of you seem to think it is.

    I really appreciate the time that has been taken to answer my questions and the thoughtful responses. It does seem that some of you are more interest in picking apart what I'm saying instead of offering assistance or advice. I am thankful for that too, but it's giving me practice arguing the FACTS (which haven't changed and will not change just to win benefits - the truth is the truth) of my case.

  7. #37
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    Why would you be looking for a babysitter starting at 3:30 am if you did not need a sitter until 6:30 am? The argument you were looking before you were aware of the shift change for a sitter that could work at 3:30 makes no sense.

  8. #38

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    The days I came in at 4:00 a.m. were on holiday weeks (as I stated, and I'm sure you read). I also stated previously that I have teenage son who can babysit on occasion, and during the holidays, he is out of school and able to watch his little brother. Obviously, the state can't expect me to pull a teenager out of school to provide childcare.

    - - - Updated - - -

    Quote Quoting jk
    View Post
    Why would you be looking for a babysitter starting at 3:30 am if you did not need a sitter until 6:30 am? The argument you were looking before you were aware of the shift change for a sitter that could work at 3:30 makes no sense.
    I was looking previously for alternate childcare because of an incident I witnessed at the center that did not involve my child. I wasn't looking for a center that started at 3:30, and I never claimed to be during that search (unless I have ESP, which I'm pretty sure I don't). I was looking for alternate care, and in that search, I became familiar with the local centers and their hours of operation - also whether or not they were capable of handling a child with special needs.

    You are twisting my words around. LOL!

  9. #39
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    UnemployedAgain;744125]The days I came in at 4:00 a.m. were on holiday weeks (as I stated, and I'm sure you read). I also stated previously that I have teenage son who can babysit on occasion, and during the holidays, he is out of school and able to watch his little brother. Obviously, the state can't expect me to pull a teenager out of school to provide childcare.
    but the fact you did come in occasionally at 4 is going to be a bad thing for you. It shows you can start at 4 am. Granted, you argue it was a limited resource but it shoots the Hell out of your:

    when I started I told them I could not work before 7 argument.

    You showed that to be not such a hard fast rule yet now you want to use that to defend your actions. Not thinking it will work.





    I was looking previously for alternate childcare because of an incident I witnessed at the center that did not involve my child. I wasn't looking for a center that started at 3:30, and I never claimed to be during that search (unless I have ESP, which I'm pretty sure I don't). I was looking for alternate care, and in that search, I became familiar with the local centers and their hours of operation - also whether or not they were capable of handling a child with special needs.
    Ok, so no matter how many times you say you were looking for a sitter and infer it was because of the shift change issue, you really weren't. Do I have it right this time.

  10. #40

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    How about this: I was already familiar with most of the providers in town and knew what their hours were - and I didn't know of a single center that opened before 6 a.m.

    When I was notified of my shift change, I knew I couldn't work those hours because I had a child in daycare and told my boss the next day (I didn't get to talk to him the first day, it was the corporate people who told me). His response was to ask me when my last day would be. That doesn't give me time to look any further, right?

    So yes, I had looked previously, but no I did not look when I was told about my shift change because I wasn't given the time to do so.

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