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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31913
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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Recent changes at work have forced me to work third shift.

Customer Question

Recent changes at work have forced me to work third shift. This involves working 6pm-6am. Trying to adjust to the changes in hours is affecting my health. I have been having headaches and digestive problems and have been unable to adjust my sleep schedule, not to mention I had diagnosed sleep issues before this change.

I was not hired for this shift and was only given 24hr. notice about the change. In addition to this, special projects have been assigned to me and I am forced to travel out of town on the days I am not scheduled to work overnight. I am in a salaried position. I am working over 55 hrs. per week.

I know I need to leave this company. I cannot afford to walk ut the door without the guarantee of unemployment compensation. How should I handle this?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

There is never a guarantee with regard to the commission's decision typically, but you do have the right to appeal if you believe they wrongly deny your application for unemployment benefits.

When you quit, the burden is on you to show that the change in hours was an undue hardship to you and that you exhausted all options before deciding to quit.

Because of this, it is best to make sure the affects on your health are well documented by your medical provider.

In addition, you should request in writing an accommodation from your employer or any other option that could negate the need to resign.

If you can prove you have explored all reasonable options and the shift change is an undue hardship, then your application should be approved if you quit.

Here is a link that provides more information on reasons why workers are denied benefits:

http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_500_-_Reason_for_Decision.htm


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Tina, Attorney
Satisfied Customers: 31913
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  Tina replied 2 years ago.
Hello again,

I'd be happy to provide additional information if you let me know what you are looking for please.

Thank you.
Customer: replied 2 years ago.

Sorry, having computer issues on this end.

 

Are there any other avenues I can pursue, besides health, I feel I have been misled by this company on many aspects of the job I was hired for.

 

Also, how much documentation will I need from my physician? I have a feeling just one visit will not be enough.

 

Thanks-

Expert:  Tina replied 2 years ago.
No problem.

Listing the issues which relate to the company misleading you is helpful as is retaining any documentation regarding the ways you believe you were misled.

It isn't the amount of medical documentation that is critical, but the extent it documents that the shift change is an undue hardship to you and your health as well as any other aspect of your life.

If the medical provider diagnoses you with a condition that is recognized as a disability under the ADA, then you could request a shift change as a reasonable accommodation under that statute.

If it is not an undue hardship to the employer (which usually means too costly), then they should change the shift for you or face liability for disability discrimination.

Here is a link that discusses what constitutes a disability under the ADA:

http://www.eeoc.gov/policy/docs/psych.html

All the best to you.
Customer: replied 2 years ago.

If I go to the doctor and explain my cirumnstances to him, what documentation should I be asking for from him to support my case? How do I proceed from there? Do I go to HR or my manager with a doctor's note?

 

Expert:  Tina replied 2 years ago.
You would normally request an accommodation from HR and they will inform you what documentation they need typically.

The physician should document the ways in which the shift change or other changes in working conditions are creating an undue hardship to you with regard to your health.

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