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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11563
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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I work for a home improvement store. I got hired in Jan. of

Resolved Question:

I work for a home improvement store. I got hired in Jan. of 2011 and I took the job with the condition that they have work with my schedule due to Daycare. I'm a single mom with a single income. In Jan 2013, I transfer to a different store within with same company and got the same offer with scheduling. This time the was a form signed saying that i'm only available certain hours and days. I work every Saturday and get Sundays and Mondays off. I figured that will only be fair to at least one weekend day every week.

About 4 weeks ago we got a new manager on board. On July 11 i was called to the office with my new manager and my HR. They call me to inform me that I was not longer be able to work my set schedule and i had to come up with a plan. I tried to explained that not having same days off could put me in the verge of become homeless. I'm getting in debt to able to pay my daycare plus babysitter for Saturdays.

After many questions going back in forth, my HR got personal with me and starting me asking me about the father of my child and if I was receiving child support, told him he was part of our family. Then he told me that I needed to go to DHSH because they have alot of programs for single moms and they can help me with child care money and also they could go after the father.

This is my short version of what really happened. I was told that I had 30 days to come up with a plan because after 30 days i have to follow their schedule. I'm in a panic to lose my job and at the same time I have no resources to help me with my daughter care or the money to pay for more than I already pay.

I need to know what to do besides looking for another job. definitely will be harder to find something like what i have at my age and the benefits for me and my 6 year old.

I'm over 40 with a 14 year experience designing kitchens and bathroom. Not sure if i'm getting pushed to quit.

Elvia Orellana
Seattle WA
Single mom with one income and no family members.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, My name is XXXXX XXXXX I will be assisting you. If I have not Answered your question, please let me know and I will be glad to explain further,

 

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 ?

 

 

Customer: replied 1 year ago.

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.

Expert:  Andrea, Esq. replied 1 year ago.

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,

 

_________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11563
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Andrea, Esq. and 12 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

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.

Expert:  Andrea, Esq. replied 1 year ago.

Hi, Elvia,

 

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

 

ANDREA

 

 

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