How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
4460311
Type Your California Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

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: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 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


I hope you found my answer helpful; please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.

Tina and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
Relist: Incomplete answer.
Expert:  Tina replied 5 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 5 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 5 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 5 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 5 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.

Related California Employment Law Questions