Employment Law Questions? Ask an Employment Lawyer.
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I am so sorry to hear that your employer is not keeping his promise to work with your schedule. I would like to help, but need a bit more information,
1. When you took the job, did your employer sign a written Employment Agreement with you which set forth in writing what your responsibilities were, which days and your hours you would work, etc. ?
2. Have you applied for child care assistance from any State or Federal agency ?
3. Do you receive child support from your child's father ?
When I took the job in Jan-11 I don't believe I sign a job agreement, but I could be wrong. But I had a verbal agreement with my store manager. When I got my transfer to my other store my scheduler had to have a sign form from the HR saying that I was only available certain days.
I made some research but I don't believe I qualify due to my income.
I do not receive any child support. As far as know the father is unemployed. I have no contact with him.
Hi, Elvia, Thank you for your reply,
1. Please check to see if your employer's promise was put in writing because if you had a written Employment Agreement signed by the manager, then that means that they cannot change your schedule. It does not make a difference that you were transferred to a different store because it is the same employer. If there is no written Employment Agreement signed by you and one of the managers when you were hired, then they do not have to keep their promise and where an employee does not have a written Employment Agreement with their employer, then the employer can change the employee's hours, can change the employee's work days and generally can change the employee's entire schedule and can even fire the employee for no reason. It is not right and it is not fair, but unfortunately, that is the law;
2. You should really apply for all Federal and State assistance which is available to you and you will not know if you are eligible unless you apply. There are very many programs available for child care for working mothers and I am sure that you would qualify for some type of child care assistance;
3. If an employee believes that their employer is trying to fire them because of their age, they can file a formal Complaint based on age discrimination with the Equal Employment Opportunity Commission (the "EEOC"). But, the EEOC has set 45 years old as the "cut-off" point, so if you are only 40 years old you are still to young to file a Complaint based on age discrimination;
4. The law imposes an obligation on both the mother and the father to support their children. You must file a Petition for Child Support with the Family Court in your County. There will be a hearing date set and at the hearing, the Judge will calculate how much child support the father should be paying to you and will sign a Child Support Order for that amount. The Judge and the law do not care if the father is unemployed and they expect the father to meet his legal obligation to pay support for his child. If the father does not pay, then he is held in Contempt of Court and the Judge has the power to give him jail time. Once a father hears that, you would be surprised how fast they find a job and start paying child support just to stay out of jail,
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I Asked for the signed schedule form and I was told that it was company property.
Im we aware of the help out there. Even if I qualify good luck trying to hire someone to war h my daughter at different times of the day and or night different days every week.
And why people keep getting in my business about the father... I don't want to be involve with him. Doing that will be putting myself and my daughter in danger.
Thank you for the info.
Your employer had no right to ask you if you receive child support because it was none of his business. I asked you that question only in the context of letting you know that working single mothers have a right to child care assistance. This is financial assistance that is available for working single mothers who need financial assistance to pay for day care, or after school services for their child in order for the mother to work,
I wish you the best
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