Can I quit and get TWC benefits if employer forces night shift change? (Army Reserve conflict)
My employer just dropped a bomb on me - they're switching my schedule from day shift to night shift (4pm-2am, Monday-Friday). I've been working days for over 2 years and this change would completely mess up my Army Reserve obligations. I drill one weekend a month and have some weekday training requirements that would conflict with this new schedule. I literally cannot work these hours and maintain my military commitments. Has anyone quit a job due to a major schedule change like this and successfully gotten unemployment benefits? I'm worried if I just quit, TWC will deny me benefits for "voluntary separation" even though I feel like I'm being forced out. Any advice from people who've been through something similar with TWC?
26 comments
StarStrider
Yes, you might qualify for unemployment if you quit in this situation. Texas considers it 'good cause' to quit if your employer makes a substantial change to your employment agreement - like drastically changing your hours. The key is that you need to try to resolve it with your employer first. Make sure you document everything! Tell your employer IN WRITING that you cannot work nights due to your Army Reserve obligations. If they refuse to accommodate, you have a strong case with TWC. Military service obligations are protected.
0 coins
Anastasia Fedorov
•Thank you! I'll definitely put my concerns in writing. Should I specifically mention the USERRA law that protects reservists, or just explain that I can't work the new hours because of my military commitments?
0 coins
Sean Doyle
my cousin went thru almost the same thing last year but it was with national guard not reserves. his boss tried to make him work weekends when he had drill and he quit. he got benefits but it took like 6 weeks to get approved cuz TWC had to investigate
0 coins
Anastasia Fedorov
•That's good to know it eventually worked out for him. 6 weeks is a long time to wait though. Did he have to appeal or did they approve it on the first try?
0 coins
Sean Doyle
•no appeal they just took forever to decide. he had to keep requesting payments every 2 weeks even tho nothin was coming in yet
0 coins
Zara Rashid
BE CAREFUL!!! TWC denied me when I quit after my hours got changed! They said I should have "tried harder" to work with my employer. Make sure you have PROOF that you talked to your boss about accommodations BEFORE you quit. I wish I'd known this before I left my job. Now I'm fighting an appeal and it's a NIGHTMARE. They make it so complicated on purpose!!!
0 coins
Anastasia Fedorov
•Oh no, I'm sorry that happened to you. Did you have any documentation at all or was it all verbal conversations with your employer?
0 coins
Zara Rashid
•All verbal. BIG MISTAKE. Get EVERYTHING in writing. Emails, texts, whatever. TWC wanted to know specific dates I talked to my boss and exactly what was said. I couldn't remember all the details and they used that against me. They even said I should have gone to HR instead of just my supervisor. It's like they look for any reason to deny you.
0 coins
Luca Romano
This is a really interesting question. I'm not a lawyer, but I believe you're protected under USERRA (Uniformed Services Employment and Reemployment Rights Act) which requires employers to make reasonable accommodations for military service. A complete shift change that interferes with your military obligations probably counts as an unreasonable change. I'd suggest two things: 1. Talk to your unit's JAG officer - they can advise you on your USERRA rights 2. Contact ESGR (Employer Support of the Guard and Reserve) at 1-800-336-4590 - they can mediate with your employer Do both of these BEFORE you quit, so you can show TWC you tried to resolve the issue.
0 coins
Anastasia Fedorov
•Thank you so much for the detailed advice. I hadn't thought about contacting ESGR or JAG. I'm going to do both of those things this week before I make any decisions.
0 coins
Nia Jackson
am i the only one who thinks its CRAZY that employers can just change ur hours like that????? like ur just supposed to completely rearrange ur whole life???? and then if u cant do it ur screwed???? the system is so messed up tbh
0 coins
Zara Rashid
•EXACTLY!!!! My employer did the same thing - suddenly expected me to work till 11pm when I had been working 9-5 for THREE YEARS. I had no childcare for those hours and they basically said "figure it out or quit" - then TWC punished ME for quitting! The whole system protects employers not workers!
0 coins
Mateo Hernandez
•That's not entirely accurate. Texas is an at-will employment state, but there are protections. When it comes to TWC benefits, they recognize substantial changes to working conditions as potentially qualifying for benefits, even after voluntary separation. But the burden is on the claimant to demonstrate they attempted to resolve the issue prior to quitting.
0 coins
CosmicCruiser
I had such a hard time reaching TWC when I had a similar issue last year. After getting disconnected eight times in one day, I found a service called Claimyr that got me connected to an actual TWC agent within 20 minutes. They basically call TWC for you and connect you when they get through. Saved me days of frustration! Check out their video to see how it works: https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh or their website at claimyr.com - lifesaver when dealing with these complex eligibility questions that the website doesn't clearly address.
0 coins
Anastasia Fedorov
•Thanks for the tip. I've been trying to get through to someone at TWC to ask about this specifically and keep hitting busy signals. I'll look into this service.
0 coins
Sean Doyle
•does it cost money? seems weird to pay just to talk to unemployment
0 coins
CosmicCruiser
•Yes, there is a fee, but compare that to spending hours/days redialing TWC or missing work to try and get through. When I needed clarification on my eligibility based on my specific circumstances (which isn't clearly explained on their website), it was worth it to speak to someone directly rather than risk being denied benefits.
0 coins
Mateo Hernandez
To address your specific situation: Texas Workforce Commission would likely consider this a case of "constructive discharge" rather than voluntary quit if: 1. The schedule change represents a substantial change to your employment terms 2. The new schedule conflicts with your military service obligations 3. You made reasonable attempts to resolve the conflict before separating For your TWC claim, you'll need to document: - The original hours you were hired to work - Written notification of the schedule change - Your military service requirements (copy of drill schedule) - Written communication with your employer attempting to resolve the conflict When filing, select "quit" but then choose "employer made substantial changes to hiring agreement" as the reason. Be prepared for TWC to contact your employer for their side of the story.
0 coins
Anastasia Fedorov
•This is incredibly helpful, thank you! I didn't know about the "constructive discharge" concept. If TWC approves my claim, would I be able to start receiving benefits right away, or would there still be a waiting period?
0 coins
Mateo Hernandez
•There's always a one-week unpaid waiting period after you're approved. But if your claim gets flagged for investigation (which is likely with any quit situation), benefits could be held until they make a determination. This typically takes 2-4 weeks, sometimes longer if they have trouble reaching your employer. Continue requesting payments every two weeks during this time, even if you're not receiving benefits yet.
0 coins
StarStrider
One more important thing to consider - if your employer offers you a reasonable alternative (like switching to a different day shift position) and you refuse, TWC might consider that you didn't make a reasonable effort to preserve the employment relationship. Make sure you're open to reasonable accommodations before quitting.
0 coins
Anastasia Fedorov
•That's a good point. They mentioned they might have a day shift opening in a different department in a few months, but it would be a pay cut. Would I be required to take that to preserve my TWC eligibility, even with reduced pay?
0 coins
StarStrider
•Generally, TWC considers a position with substantially reduced pay (usually 20% or more reduction) to be unsuitable work that you can refuse without penalty. But this gets complicated, and they look at each case individually. If the pay cut is minor (less than 20%), they might expect you to take it rather than quit, especially if it solves the scheduling conflict with your military service.
0 coins
Aisha Khan
I work for a company that does this all the time, switching peoples shifts with barely any notice. Total BS. Most people just quit cause they cant deal with it. Management doesnt care. They just hire new people.
0 coins
Nia Jackson
just wondering, have u talked to ur commander about this? maybe they could write u a letter explaining why u cant work nights because of army stuff? that might help ur case with TWC
0 coins
Anastasia Fedorov
•That's a brilliant idea! I have drill this weekend and will definitely talk to my commander about getting something in writing. Thank you!
0 coins