EDD eligibility if employer won't restore previous hours after temporary shift change ended?
I've got a situation with my work hours that I'm not sure how to handle. I agreed to temporarily work the night shift for 3 months (Jan-March) because they were short-staffed. We had a written agreement that I'd go back to my regular day shift on April 1st. Now my manager is saying there's 'no availability' on day shift and I have to stay on nights permanently or quit. This completely disrupts my family life as I have two young kids. My hours would be exactly the same, just different time of day. If I quit because they won't honor our agreement about the temporary shift change, would I qualify for unemployment benefits? Has anyone dealt with something similar? I've been with this company for 4 years with no issues until now.
24 comments
Nora Bennett
imo u might hav a good case bcuz they changed the terms. its called constructive dismissal i think? where they change ur job so much that its basically forcing u 2 quit. but dunno if changing shifts counts, maybe someone else knows
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Oscar Murphy
•Thanks! I've never heard of constructive dismissal before. I'll look into that. I'm just worried because technically they aren't reducing my hours, just keeping me on a different shift than what we agreed to.
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Ryan Andre
I went through similar but with changing locations instead of shifts. EDD initially denied me but I appealed and won. It's all about how you explain the situation. Did you get that agreement in writing? That'll help a lot.
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Oscar Murphy
•Yes, I have the email from my supervisor clearly stating 'temporary night shift assignment Jan-March 2025' and that I'd return to day shift April 1st. So that should help?
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Ryan Andre
•That's EXACTLY what you need! Save that email and any other communications. When you file, make sure to explain that this change makes continuing employment impossible due to your childcare situation. That's key - you need to show you had good cause to quit.
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Lauren Zeb
This is called a "material change in employment terms" and can qualify you for UI benefits if you quit. EDD considers several factors: 1. Was the change substantial? (Permanent shift change when you have family obligations can qualify) 2. Did you try to resolve it with your employer? (Document all conversations) 3. Was there good cause for leaving? (Inability to care for children is typically considered good cause) Make sure you document EVERYTHING. If they deny your claim initially (which happens often), appeal immediately. About 60% of appeals are successful when properly documented.
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Oscar Murphy
•This is incredibly helpful! I'm meeting with my manager tomorrow to try to work it out and will document everything. If we can't reach a solution, I'll follow your advice. What kind of documentation should I keep besides emails?
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Lauren Zeb
•Keep a detailed log of all conversations (dates, times, who was present, what was discussed). Save any text messages. If you have in-person meetings, follow up with an email summarizing what was discussed ("As we discussed in our meeting today..."). This creates a paper trail. Also document why the night shift makes employment unreasonable (childcare issues, etc). EDD looks closely at whether you had "good cause" to quit.
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Daniel Washington
This happened to me last year with my healthcare job! I was working morning shifts and they tried to permanently move me to overnight after a "temporary" coverage. When I quit, EDD initially denied my claim saying I left "voluntarily without good cause." I appealed and had to go through a phone interview. If you can't reach EDD on the phone (which is INSANELY difficult), try Claimyr (claimyr.com). They got me connected to an EDD rep in under an hour when I was trying for weeks. You can see how it works here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The phone interview was what saved my claim - I could explain my situation directly to someone. I won my appeal because I had documentation showing the original agreement was temporary.
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Aurora Lacasse
•did tht claimyr thing actually work? ive been trying to call EDD for 2 weeks straight and cant get thru!!! so frustrating
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Daniel Washington
•Yes, it worked for me! After trying for almost 3 weeks to get through on my own (calling literally as soon as they opened), Claimyr got me connected in about 45 minutes. The phone interview was crucial for explaining my situation - much better than just the written forms.
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Anthony Young
U NEED TO BE CAREFUL HERE!! EDD is super picky about "voluntary quits" and they deny most of them at first! My neighbor tried to claim when her employer changed her schedule and she got DENIED because they said she could have "adjusted her personal affairs" to fit the new schedule!!! EDD doesn't care about your kids they only care if the employer did something wrong!!
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Oscar Murphy
•That's concerning... I definitely can't just "adjust" childcare for overnight shifts. There literally isn't overnight childcare available in my area, and my spouse works early mornings. Did your neighbor appeal the decision?
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Anthony Young
•YES she appealed and she WON but it took like 2 1/2 months!! She had to get a lawyer friend to help her write the appeal. The key was proving her employer KNEW about her childcare situation when they hired her and that was part of why she took the job. Do you have anything like that??
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Oscar Murphy
•Yes, actually. When I was hired 4 years ago, my availability for day shift was part of the interview discussion specifically because of childcare. And when they asked me to temporarily switch to nights, we discussed the end date multiple times because of my family situation. I have some of this in emails too.
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Charlotte White
I went through something similar and here's what I learned: EDD considers this a "good cause voluntary quit" IF you can prove: 1. The change significantly impacts your life (childcare issues qualify) 2. You made reasonable efforts to preserve employment 3. You had no reasonable alternative Make sure when you file your claim you use specific language. Don't say "I quit because they changed my shift." Instead say "I was forced to leave employment after employer made a unilateral material change to employment terms that made continuing work unreasonable due to childcare obligations." The specific wording matters A LOT with EDD claims.
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Lauren Zeb
•This is excellent advice about the wording. I'd add that you should also emphasize the written agreement that specified the temporary nature of the shift change. That shows you didn't agree to this permanent change.
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Admin_Masters
My cousin works for EDD (not speaking officially obviously) and she says cases like this are VERY fact-specific. The key things EDD looks at: - Did employer significantly change terms of employment? (Yes in your case) - Did you try to resolve it reasonably? (Sounds like you are) - Is your reason for not accepting the change reasonable? (Childcare is usually seen as reasonable) Start documenting EVERYTHING right now. Every conversation, email, text. Save that original agreement multiple places. If you get denied, APPEAL! Most people don't appeal and that's a mistake.
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Oscar Murphy
•Thank you! I'll definitely document everything moving forward. If I do end up quitting and filing for unemployment, how soon should I apply? Immediately after my last day?
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Admin_Masters
•Apply immediately after your last day worked. When you file, you'll have to complete a Voluntary Quit questionnaire. This is WHERE THEY GET YOU - answer carefully and be specific about the employment agreement being changed against your will. Use terms like "material change" and "good cause" in your explanations. Don't just say "I had to quit because of my kids" - frame it as "Employer's unilateral change to permanent night shifts violated our written agreement and made employment impossible due to lack of overnight childcare options."
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Nora Bennett
wait i just thought of somthing... can u just refuse to work nights and make them fire u instead of quitting? tht would be easier 4 unemployment right??
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Lauren Zeb
•This is actually NOT good advice. If you refuse to work your assigned schedule, that's insubordination, which is misconduct. You can be denied benefits for misconduct. A good cause voluntary quit with proper documentation is a much better approach in this situation.
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Nora Bennett
•oh ok my bad. just thought it might b easier
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Oscar Murphy
Thank you all so much for the advice! I've documented everything and have a meeting with my manager tomorrow. I'll try to find a solution but will be prepared to file for benefits if needed. I'll definitely use the specific language suggested about "material change" and "good cause" when filing. I'm also going to check out that Claimyr service if I need to speak with an EDD rep. Will update once I know more!
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