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  1. #1

    Default Unemployment

    hello,

    I have a question, i have been with my employer for 8 1/2 years and me and 1 other employee was hired on to work 8-4:30. About 5yrs ago several ppl quit and it was only me and the other co-worker that had the same hours as me and since the office closes at 5:00 her and i agreed that she would work 8-4:30 every mon, wed and every other friday and i would get off at 4:30 on tues, thurs and every other friday this way someone was always here until 5:00. About 3 years ago we had a new vice president come on board and she typed up something stating our hours and we all signed it so as far as i was concerned these hours were now on paper so it is a signed contract. Well we just hired 2 new employee's that have been here for about 3 months and were hired on to work 8-5 well apparently they have been complaining that i get off 2 days a week at 4:30 stating that it is not fair to them. So today i get word that i will no longer have those hours and in my letter it states that i was grandathered in over 8yrs ago and that i don't have a written policy in place so my hours were re-evaluated to ensure all memebers are being treated fairly. 1st off i do have a written and signed policy. my question is this change greatly effects me because my children go to a catholic school and HAVE to be picked up by 5:00 pm. my husband can get them on monday's and wednesday's but now that my hours will change i don't know how i'm going to get them by 5:00 on tuesday's and thursday's. i have been told if i don't adhere to the change i will most likely loose my job and i was told they would fight my unemployment. If i get fired because i can't occomodate the hours they changed on me after a signed agreement will i have a leg to stand on if my unemployment benefits are fought? I would just quit but then i would get nothing from unemployment.

    help

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Question Re: Unemployment

    Are you taking a one hour lunch break on the days you work 8-5 and a 30 minute break the days you work from 8-4:30?

    (my advice may be CA specific so you state is also needed)

  3. #3

    Default Re: Unemployment

    Yes, when i work 8-5 i take an hour long lunch and take 1/2 hour on the 8-4:30 days. I live in Missouri. I kind of feel like i am being pushed out because my boss knows that i cannot drop my son off at school before 7:30 (he is 5) and that he has to be picked up by 5:00 so now she tells all the employee's that if we arrive at 7:30 and take 1 hour lunch we can leave at 4:30 if we have at least 2 ppl in my department staying until 5:00. it is not possible for me to arrive at work at 7:30 in the morning because of my son's school schedule and my other son's babysitter (he is 1) schedule.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Unemployment

    I don't see that as a contract. It's merely a statement of expected work hours which they had you sign to acknowledge that you had been informed.

  5. #5

    Default Re: Unemployment

    ok, understandable but with that said if i am fired because of this and they deny my unemployment claim will i have a fighting chance with an appeal?

  6. #6
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Unemployment

    Have no idea. A "major change in working conditions" can be a qualifying reason, but a half-hour change in working hours would not, IMHO, be considered "major".

    What if you had to work overtime? How would you handle child care then? The employer is not responsible to work around your child care issues.

  7. #7

    Default Re: Unemployment

    they don't allow us to work overtime. I just think things are being changed to only affect me. I was told if i am late to work or have to leave early for a dr appt or something for my kids i cannot make up time during my lunch hours that i have to make up time before or after work but then the 2 new ppl who just started that are in the exact same position and level that i am when they arrive late or have to leave early they make up time by working through their lunch. I have gotten only 1 raise in 3 years and it was for only .50 cents and then i just find out that both ppl whom just got hired started out making .40 cents more than me. I went 2 years w/o a raise so when i finally got my .50 cent raise 1 year ago i was told that her plan was to give me another raise within a couple of months which now 1 year later still nothing.

  8. #8
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Unemployment

    If you think all these changes are being made JUST for you, I think you're probably wrong. Most companies don't say "Mary is being a PITA, let's make new working conditions to p*ss off Mary".

    However, even if they are, as long as they are not being made SOLELY because of a protected characteristic of yours, such as your race, gender, religion, etc., it's not an illegal action.

    Let's put it this way. If you were to be fired for not being able to work the new hours, you file for unemployment and let the state make the decision. Do NOT resign.

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