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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Legal
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Experience:  30 years experience corporate, litigation, international
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can i collect unemployment if i quit my job because they refuse

Customer Question

can i collect unemployment if i quit my job because they refuse to allow me to change my availability due to the stipulations in my custody order
Submitted: 5 years ago.
Category: Legal
Expert:  Richard - Bizlaw replied 5 years ago.
When you say custody order what do you mean? What was your availability as a result of the custody order? Was an accomodation possible without disrupting the employer's normal procedures?
Customer: replied 5 years ago.
I am ordered to pick up my child at 6 pm on friday and to take him home at 6 pm on sunday. any deviation from this can result in losing custody of my child. As of right now there is no accomodation that will not disrupt the normal procedure other than me stepping down and taking a pay cut.
Expert:  Richard - Bizlaw replied 5 years ago.
What time could you pick your child up on Friday and drop the child off on Sunday?
Customer: replied 5 years ago.
I can not deviate from the time designated by the judge in the order. I work retail so my schedule changes constantly. The only way to ensure he is picked up and dropped of on time is to request a change in my availability for those days
Expert:  Richard - Bizlaw replied 5 years ago.
The court will generally accomodate the needs of the working parents. You need to speak to your employer and see if you can have your schedule adjusted so that on Fridays and Sundays you are off at a time to drop off and pick up your child. If your employer can get close to the time but you need more leeway, go back to court and explain the situation and the court will likely accomodate your request. If you just quit on the basis you have outlined, you will probably not get unemployment because you will be deemed to have quit and not been fired.

If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.
Customer: replied 5 years ago.
I have tried to speak to them and they refuse to accomodate me, this situation is temporary and will change in a few months hopefully because the orders are temporary and I am waiting to go to court to get the permanent orders. I am afriad that since they refuse to help me I could potentially miss a drop off or pick up time and lose my case or get fired for having to leave to meet the appropriate time all the time.
Expert:  Richard - Bizlaw replied 5 years ago.
Go back to the court and explain the situation. What is the latest time on Friday you would have to pick up the child and the latest time you would have to drop the child off Sunday? Also is there anyone who could handle the pick up and drop off for you if you have to work during the hours in question?
Customer: replied 5 years ago.
The latest would be 11:30pm on Friday and 9:30 pm on Sunday because those are the latest times I would get off work and no there is no one else to help me.
Expert:  Richard - Bizlaw replied 5 years ago.
If you picked the child up early would you be able to get baby sitting to cover you while you were at work? Same question about Sunday drop off?
Customer: replied 5 years ago.
I would have to go back to court to ok a time change with a judge.
Expert:  Richard - Bizlaw replied 5 years ago.
What you need from the judge is more flexibilty in the drop of and pick up time. Your work schedule should be set a week or moere in advance. You should be able to notify the other custodial parent when you can pick up and drop off the child a week in advance. Some times you may not be able to get the child until Saturday morning because of late work hours or need to get the child early in the day. I doubht the court will penalize you because you have to work for a living.

If this answer is responsive to your question, please accept it. That is how we are compensated. I would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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Richard - Bizlaw
Richard - Bizlaw
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8855 Satisfied Customers
30 years experience corporate, litigation, international