TWC benefits while quitting nursing school job? Employer reducing hours to force resignation
I'm in a tricky situation with my job and TWC benefits. I started nursing school 4 months ago, and initially my employer said they could accommodate my class schedule. Now they're suddenly saying they can't work around it anymore, but instead of laying me off, they're drastically cutting my hours and giving me impossible shifts that conflict with my classes. It feels like they're deliberately trying to force me to quit so they won't have to pay unemployment. Would I qualify for TWC benefits if I leave? This seems like constructive discharge to me since they're basically making it impossible for me to keep working there while attending my program. Has anyone dealt with something similar? Do I need to document these schedule changes?
20 comments
Yara Nassar
You might qualify for what's called a "mediated quit" or "good cause quit" with TWC. Texas does recognize constructive discharge in some circumstances. Document EVERYTHING - save all communications about schedule changes, any emails or texts discussing your school schedule, and keep a detailed log of how your employer has changed your hours. Then when you file, clearly explain that your employer materially changed the conditions of employment after agreeing to accommodate your school schedule.
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Connor O'Neill
β’Thank you! Should I try to get them to acknowledge in writing that they initially agreed to work with my school schedule? Right now it was just verbal conversations.
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Keisha Robinson
same thing happnd to me but with my kids schedule. i quit and got denied cuz i didnt have proof they changed my hours on purpose. make sure u get SOMETHING in writing!!
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GalaxyGuardian
β’This is exactly why I tell everyone to ALWAYS communicate by email or text. Verbal promises mean nothing to TWC.
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Paolo Ricci
i tried to appeal a similar situation last year with TWC and it was a NIGHTMARE!!!! kept getting busy signals for WEEKS!!! never could get through to explain my side of the story and my appeal was automatically denied because i "failed to participate" in the hearing but I WAS TRYING TO CALL FOR HOURS EVERY SINGLE DAY!!! The system is DESIGNED to make people give up!!!! π‘π‘π‘
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Amina Toure
β’I had similar trouble reaching TWC, but I used a service called Claimyr that got me through to an agent in about 20 minutes instead of spending days getting busy signals. You can see how it works at claimyr.com or check their demo at https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh - it basically calls TWC for you and connects you when an agent answers. Saved me so much frustration during my appeal process.
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Yara Nassar
To answer your original question more directly - this situation could qualify you for benefits, but it really depends on how you handle it. If you quit without creating a paper trail that shows constructive discharge, TWC will likely deny your initial claim. Your best approach is to: 1. Email your supervisor asking them to confirm in writing the change in policy regarding your school schedule 2. Request a meeting with HR to discuss reasonable accommodations 3. If they refuse to work with you, submit a formal written complaint 4. Continue working while documenting everything 5. If they terminate you for being unable to work the new schedule, you have a much stronger case TWC looks for evidence that you tried to preserve your employment before quitting.
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Connor O'Neill
β’This is really helpful. I'll try all these steps. Do you think I should mention unemployment benefits during these conversations or just focus on the schedule problem?
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Yara Nassar
β’Definitely do NOT mention unemployment. Focus solely on trying to resolve the scheduling issue and document their refusal to accommodate as previously agreed. If you mention benefits, they might claim you were looking for a reason to quit.
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Oliver Zimmermann
my cousin went thru the exact same thing but with paralegal school and her job did this to avoid layoffs during covid. she got benefits eventually but had to appeal twice! stick with it!!
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Natasha Volkova
Actually, this is a fairly standard "good cause" scenario under TWC rules. Here's what you need to know: 1. Material change in hiring agreement can qualify as good cause to quit 2. Having to work hours that directly conflict with education that the employer previously accommodated can qualify 3. Significant reduction in hours can also qualify as partial unemployment You need evidence of: - Original agreement (even witnesses if no written proof) - Communication showing they're aware of your school schedule - New schedule that makes continued employment impossible - Your attempts to resolve the issue Document EVERYTHING and be prepared for an initial denial, as most constructive discharge claims require an appeal hearing where you can present your evidence in detail.
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Connor O'Neill
β’Thank you! I didn't know about partial unemployment. If they cut my hours from 32 to 15 per week but still schedule me during school hours, could I qualify for that without quitting?
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Natasha Volkova
β’Yes! That's actually a better approach. If they've cut your hours by more than 25%, you may qualify for partial unemployment while still employed. This is called "reduced hours unemployment" and doesn't require you to quit. You'd report your reduced earnings each payment request period, and TWC would pay the difference up to your benefit amount. This route avoids the whole constructive discharge battle.
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GalaxyGuardian
have you thought about requesting a formal ADA accommodation? nursing school might qualify as a training program that requires reasonable accommodation. worth looking into before quitting. my sister did this for her pharmacy program. just an idea.
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Keisha Robinson
did they put anything in ur job description when u got hired about having a flexible schedule or being available certain days? read ur original job offer letter cuz they might use that against u
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Connor O'Neill
β’That's a good point. I'm going to check my onboarding paperwork tonight. I hope it doesn't say anything about full availability being required...
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Paolo Ricci
DONT QUIT!!!! MAKE THEM FIRE YOU!!!! then you'll definitely get benefits. if you quit, TWC will side with the employer 99% of the time!!!
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Natasha Volkova
β’This isn't entirely accurate. While being fired generally makes approval easier, quitting with good cause is recognized by TWC. Constructive discharge (making working conditions so intolerable that a reasonable person would quit) is treated the same as being fired. The key is documentation and properly explaining the situation when filing.
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Amina Toure
When you file your claim, be very specific about how your employer changed the terms of employment. Use the phrase "material change in hiring agreement" in your application. Also, if your hours have been reduced by more than 25%, you can file for partial unemployment benefits without quitting. This might be a better approach while you finish your nursing program. I had to navigate a similar situation last year, and the initial claim was denied, but I won on appeal by providing emails showing how my work conditions had changed. If your appeal gets scheduled, make sure you're available for the call - missing it automatically results in denial.
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Connor O'Neill
β’Thank you so much for sharing your experience. I'm going to start documenting everything today and I'll look into the partial unemployment option first.
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