Can I get EDD benefits after being forced to resign when employer changed from part-time weekend to mandatory full-time schedule?
So I'm in a really difficult situation and hoping someone can tell me if I qualify for EDD benefits. Here's what happened: I've been working part-time weekends only (Sat-Sun) for the same retail store for over 3 years while attending nursing school full-time during weekdays. It was the perfect arrangement until last month when our store was acquired by a larger company. The new management just announced that ALL employees must work a minimum of 5 days per week on their new scheduling system, with no exceptions for current staff. When I explained that I can't work weekdays because of my clinical rotations and classes, they basically said I need to either accept the new 5-day schedule or resign. I literally can't physically be in two places at once, and my school schedule is fixed through graduation in 7 months. When I asked about keeping my weekend-only schedule, they flat out refused and said that's not an option anymore. I had no choice but to submit my resignation effective next week. This feels so unfair since I didn't do anything wrong - they completely changed the terms of my employment knowing I couldn't possibly comply because of school. Can I file for unemployment until I find another part-time job that works with my school schedule? And if I can file, what reason should I select since technically I "resigned" even though it feels like I was essentially forced out?
18 comments
Bethany Groves
Yes, you should definitely apply for unemployment! This is what's called a "constructive discharge" situation. Even though you technically resigned, you did so because your employer made a substantial change to your working conditions that made it impossible for you to continue working there. The key is that you had been working an established schedule for 3 years, and the new owners unilaterally changed the terms of your employment in a way that they knew you couldn't accept due to your school schedule. When you file your claim, make sure you clearly explain that you had to resign because the employer changed your schedule from weekends-only (which you'd worked for 3 years) to mandatory 5-day weeks, knowing you're a full-time student. Mention that you requested reasonable accommodation to keep your previous schedule, but they refused. The EDD might initially classify this as a voluntary quit, but you should be eligible for benefits because you had "good cause" to leave - the employer substantially changed your work conditions.
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Sebastián Stevens
•Thank you so much for this explanation! I was worried because I've always heard that if you resign, you don't qualify for benefits. Do you think I should get something in writing from them stating that they changed the schedule requirements? Right now I only have the verbal conversation with my manager.
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KingKongZilla
ur gonna get denied 100% if u quit doesn't matter why. EDD dosent care about ur school they only care if u QUIT or got FIRED. sorry but thats how it works trust me
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Bethany Groves
•This is incorrect information. The EDD absolutely considers the reason why someone left their job. If you had "good cause" to resign, you can absolutely qualify for benefits. Schedule changes that make it impossible to continue employment (especially when the employee had established a consistent schedule for years) often qualify as good cause.
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Rebecca Johnston
I WENT THRU THE EXACT SAME THING!!!! My employer of 2 years changed ownership and suddenly required everyone to work rotating shifts including graveyard when I had only worked day shift before. I couldn't accept because of my childcare situation, so I had to "resign". I applied for EDD anyway and was initially DENIED, but I appealed and WON! In the appeal hearing, I explained how the schedule change was basically forcing me to quit. The judge agreed it was a "constructive discharge" and reversed the decision!!! Don't listen to people saying you can't get benefits if you quit - IT'S NOT TRUE!!! The important thing is having good cause, which you definitely do. MAKE SURE YOU APPLY!!!
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Sebastián Stevens
•That's really encouraging to hear! Did you have to attend a hearing for your appeal? How long did the appeal process take? I'm worried about how I'll pay rent next month if I get denied initially.
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Nathan Dell
You should definitely file for unemployment. In your situation, you're describing what's legally considered a "constructive discharge," which means that although technically you resigned, the employer created conditions that forced you to quit. California's EDD recognizes this concept. When you file, make sure to: 1. Explain in detail how your schedule had been established for 3 years 2. Document how the new management changed the terms of your employment 3. Describe how you attempted to negotiate a solution 4. Clarify that continuing employment became impossible due to your school schedule Be prepared that EDD might initially deny your claim if they only see "resignation" on your record. If that happens, you'll need to appeal and present your case that you had "good cause" to leave. Good cause includes substantial changes to working conditions that the employer knew you couldn't reasonably accommodate. I'd recommend getting something in writing about the schedule change if possible - an email, company memo, or even text messages with your manager would help your case.
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KingKongZilla
•But if he's in school full time isn't he not "available for work" which is another EDD requirement???
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Maya Jackson
As someone who's been through the EDD system multiple times, I can tell you that getting through to an actual person at EDD to explain your situation is going to be critical. They'll likely flag your claim for an eligibility interview when they see you resigned. You NEED to speak with someone who can understand the nuance of your situation. I recommend using Claimyr (claimyr.com) to get through to an EDD representative - they helped me avoid weeks of busy signals and automated hangups. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Once you get through to a rep, clearly explain that you were forced to resign due to an impossible schedule change. The phone reps often have more discretion to classify your case correctly from the start, which could save you from having to go through the whole appeal process.
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Sebastián Stevens
•Thank you for the suggestion! I've been trying to call EDD all morning and keep getting the "we're experiencing high call volume" message. I'll check out that service - at this point I just need to talk to a real person who can understand my situation.
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Tristan Carpenter
i don't think your eligible cuz your a student. EDD requires you to be able and available for FULL TIME work. if you can only work weekends because of school then you don't meet the requirements anyway. sorry just being honest.
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Nathan Dell
•This is a common misconception. Being a student doesn't automatically disqualify you from receiving unemployment benefits. The "available for work" requirement means you must be available for suitable work matching your skills, experience, and restrictions that existed during your base period employment. Since OP was working weekends only for 3 years, they've established that their "availability for work" includes weekend-only schedules. As long as they remain available for similar suitable work (part-time weekend positions), they can still qualify for benefits even while attending school.
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Amaya Watson
When I first read your post I was like "oh no another person who quit and won't get benefits" but then reading more carefully I think you actually have a good case! This is basically a termination because they changed your job to something completely different than what you were hired for. It's like if they suddenly said "you now have to work in Antarctica" - technically impossible for most people to accept. Make sure when you file you DON'T just select "quit" without explanation. There should be an option to explain circumstances, and you need to be super clear this was a constructive discharge situation where they essentially eliminated your actual job (weekend-only position) and offered you a completely different job (full-time position) knowing you couldn't possibly accept it due to your 3-year established schedule as a student. I went through something similar (not identical) and got benefits after initial denial and appeal. The key is DOCUMENTATION. Get emails, texts, anything showing they changed the terms and wouldn't accommodate your established schedule.
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Sebastián Stevens
•Thanks for the advice! I'm going to email my manager asking them to confirm in writing the new mandatory 5-day requirement and that my weekend-only position is being eliminated. Hopefully that will give me some documentation for my claim.
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Rebecca Johnston
Also wondering - what happens if you get a new part-time job but it pays less than your old job? Can you still get partial unemployment? I'm in a similar situation where I might have to take a much lower-paying weekend job.
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Bethany Groves
•Yes! You can receive partial unemployment benefits if you work part-time and earn less than your weekly benefit amount. You'll need to report your part-time earnings when you certify, and EDD will reduce your benefit accordingly - but you'll still receive partial benefits to help make up some of the difference. This is actually quite common for people transitioning between jobs or who can only find part-time work temporarily.
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Sebastián Stevens
Update: I submitted my resignation letter today specifically stating that I'm resigning because the company changed my established weekend-only schedule to a mandatory 5-day schedule that conflicts with my full-time educational program that they've accommodated for the past 3 years. I also mentioned that I requested to maintain my previous schedule but was refused. The manager actually seemed sympathetic but said her hands were tied by corporate policy. I'm going to apply for EDD as soon as my last day is complete. Thank you all for the advice!
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Nathan Dell
•Smart move! That resignation letter will be valuable documentation for your claim. Make sure to keep a copy of it along with any response you receive. When you have your eligibility interview with EDD (they'll likely schedule one), refer specifically to this letter and explain that you had no reasonable alternative but to resign given the circumstances.
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