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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7649
Experience:  Significant experience in all areas of employment law.
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I need legal advice on my situation at work. They are manipulating

Customer Question

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
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
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 1 year 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.

Expert:  Patrick, Esq. replied 1 year ago.
Janet,

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: 7649
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 1 year 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!

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Patrick, Esq.
Patrick, Esq.
2321 Satisfied Customers
Significant experience in all areas of employment law.