Question about employment laws

[PrinceofWands]

Ok, so lets say you take a graveyard job. The position only exists as a graveyard job. During the interview you specifically talk about needing a graveyard job because of your schedule. After about 18 months of work the company, facing serious economic problems, decides to do away with the graveyard shift completely and transfer all the night employees to day shift. You have a meeting with your boss and HR and they explain that no one is losing their jobs, but everyone must transfer to days.

Now, can that be considered a 'layoff' since you're no longer being employed in the capacity you were hired for, and how do you go about leaving that job and collecting unemployment while you find another? I mean, if you 'quit' then you've 'quit', and then you don't get unemployment. But if they refuse to 'fire' you or officially 'lay you off' then what do you do?

Or am I misunderstanding it completely and there is no recourse for the employee in this situation?

 

[kranky]

From my understanding, the company might call it a "quit", but unemployment boards can be pretty lenient in cases like this. Your position would be that the shift change made it impossible for you to continue working there (you can back that up, right?), so it was in effect a layoff.

I don't know specifically how strict/lenient they are in WA, so YMMV. Might be a good idea to call them first so you know where you stand.

 

[PrinceofWands]

Originally posted by: kranky
From my understanding, the company might call it a "quit", but unemployment boards can be pretty lenient in cases like this. Your position would be that the shift change made it impossible for you to continue working there (you can back that up, right?), so it was in effect a layoff.

I don't know specifically how strict/lenient they are in WA, so YMMV. Might be a good idea to call them first so you know where you stand.

Who would one contact with such a question? Employment Security I imagine?

 

[Cdubneeddeal]

We do it all the time at my place of employment. There's nothing you can really do about it except find another job. However, with unemployment, it's possible you could still get it since your situation is unique. I'm assuming you're on graveyard for your daughter? Employment Security or Department of Labor and Industries might be able to help you out with your questions more than any of us could.

 

[FoBoT]

to me , if you quit , you aren't laid off

the company doesn't guarantee they can keep you on a given schedule

 

[SacrosanctFiend]

In TN, it is a voluntary quit and you will NOT receive unemployment benefits.

 

[PrinceofWands]

Originally posted by: Cdubneeddeal
We do it all the time at my place of employment. There's nothing you can really do about it except find another job. However, with unemployment, it's possible you could still get it since your situation is unique. I'm assuming you're on graveyard for your daughter? Employment Security or Department of Labor and Industries might be able to help you out with your questions more than any of us could.

No, I'm a full time (more than) graduate student.

 

[skyking]

Being a full time student disqualifies you for WA unemployment benefits anyway.
I've been down that road.

 

[kranky]

Originally posted by: skyking
Being a full time student disqualifies you for WA unemployment benefits anyway.
I've been down that road.

I believe that's true.