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 Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 10911
Experience:  Significant experience in all areas of employment law.
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

I need legal advice on my situation at work. They are manipulating

This answer was rated:

I need legal advice on my situation at work. They are manipulating me to quit by changing the location where I work and the days that I work which forces me to quit my other job. They did this with only 24 hours notice. I cannot quit because I think I wouldn't get unemployment - is that true? - but my second job has been 1/3 or my income and I can't afford to let that job go. Please let me know. Thanks
Hello and thank you for entrusting me to answer your question. I'm very sorry to hear about all this.

Is the new location where you work substantially farther away? Why would the new location force you to quit? Also, are they knowingly changing your hours so that they conflict with your other job?

I very much look forward to helping you on this matter.
Customer: replied 3 years ago.

The new location is not further away really - just the opposite direction. The problem is that I was working Tuesday through Saturday. My second job is on Mondays. So I was able to work 6 days a week with no conflict. Now at the new location, I have to work Monday through Friday and yes they know that I worked Mondays (working the second job on the weekends isn't possible for that employer) though I don't know for positive sure if they thought of that when they changed me. However, the HR person who told me of the job change on Monday said that Jimmy, my supervisor, didn't want to keep me. I think she said it like I should feel lucky that I still have a job but to me it doesn't feel right. It feels like they don't want to pay for unemployment so they are giving me this job to get me to quit.


Thank you very much for your reply.

Typically when an employee resigns, they will be disqualified from receiving unemployment benefits. This is because one of the requirements for receiving benefits is that the claimant be unemployed "through no fault of their own." When an individual resigns, they are generally regarded as unemployed "through fault," since they made the voluntary decision to become unemployed.

The law recognizes certain very limited exceptions to this general principle, wherein an individual will be found to have quit but with "good cause," and thus not unemployed through "fault of their own."

One such exception is where the worker is transferred to a much farther away location. The general threshold is about 35 miles, though the circumstances of each case are taken into account. If your new work location was further away, this would have been an argument you could have assert. That not being the case, however, the mere fact you are now working at a different location is irrelevant, I'm afraid.

I have considered other exceptions to the general rule that individuals who quit will be disqualifeid, and it is with regret I must tell you that no others are likely to apply.

Although it is quite unfair that your employer would change your schedule to force you into quitting, employers retain a tremendous amount of discretion with regard to how they schedule their employees, and there is nothing unlawful or unreasonable about expecting an employee to work a normal Monday-Friday work week.

The fact that such a schedule now prevents you from working on Mondays for another employer does not create good cause to quit your job, especially because you would be giving up a full 5-day a week job for the ability to work one day a week for another employer. That wouldn't make much financial sense for you, either.

Thus, I am very sorry to say that, while I appreciate your concerns and frustrations here, there would not ordinarily be any basis to quit and demand unemployment, simply because you are still being afforded full time work, the location is no farther away, and the only thing that has changed is that you are unable to perform work on Mondays for another employer. Regretfully, that is not a concern that an employer is legally required to take into account when determining scheduling.

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Patrick, Esq., Lawyer
Satisfied Customers: 10911
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

I have all the information I needed on my employment question, thank you. And I also gave you the top rating! I'm now looking for another job and it looks like I may have something already. So all is good for me. Best!

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • LawTalk



    Satisfied Customers:

    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • LawTalk's Avatar



    Satisfied Customers:

    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • Tina's Avatar



    Satisfied Customers:

    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • Brandon, Esq.'s Avatar

    Brandon, Esq.


    Satisfied Customers:

    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • melissamesq's Avatar



    Satisfied Customers:

    Represent clients to maximum recovery in employment cases.
  • /img/opt/shirt.png Attorney2020's Avatar



    Satisfied Customers:

    I have significant experience in employment law.
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel


    Satisfied Customers:

    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

Related California Employment Law Questions