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TWC eligibility if I leave job due to schedule change from night to morning shift with childcare issues?

I've got a really stressful situation and need advice about my TWC eligibility. I started a new night shift job about a month ago specifically because I can't afford childcare for my kids. Today my manager informed me they're switching my schedule to morning shifts starting 12/09, which is only 5 weeks away. I literally cannot work mornings because I have no one to watch my children and can't afford a babysitter (that's why I took a night position where I could be home during the day). If I can't find another night job before 12/09 and have to leave this position, would TWC consider this me quitting or would I be eligible for benefits since the job substantially changed my work conditions? I'm worried because 5 weeks isn't much time to find a new job, but I absolutely cannot work the new schedule they're forcing on me.

You might qualify for benefits in this situation. This could be considered a "good cause" resignation because of a substantial change in your work conditions. When your employer significantly changes your hours in a way that conflicts with childcare responsibilities, TWC often views this favorably for the employee. Make sure to clearly document that: 1) You were hired specifically for night shifts, 2) You cannot work mornings due to childcare constraints, and 3) You explained this situation to your employer and they couldn't accommodate you. If possible, get this schedule change in writing from your employer. Keep working until the change takes effect, and apply for benefits immediately after your last day.

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Thank you so much for this information. I'll definitely ask for the schedule change in writing. Should I also be documenting my conversations with my supervisor when I explain why I can't accept the morning shift? Is it better to quit before the schedule change or work until the last day on night shift?

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This EXACT thing happened to me last year!! My employer switched me from 2nd shift to 1st shift knowing I was a single mom with no morning childcare. TWC initially DENIED my claim saying I quit voluntarily, but I appealed and WON because I proved the schedule change made it impossible for me to keep the job. DOCUMENT EVERYTHING!! Email your boss explaining why you can't work mornings instead of just telling them verbally. That way you have proof you tried to resolve it before leaving. Texas work rules allow for childcare issues when the employer changes your schedule after hiring.

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did u have to go to a hearing for ur appeal or was it just paperwork? im in a similar boat and the idea of a hearing freaks me out

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I had a phone hearing. It was nerve-wracking but not as bad as I thought! Just had to explain my situation to the hearing officer and my former employer was on the call too. Had my documents ready showing the schedule change and proof I couldn't get childcare. The whole thing took maybe 30 minutes.

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just quit now and find another job why even bother with unemployment its a hassle and they barely pay anything anyways

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Seriously? That's terrible advice. Unemployment benefits exist exactly for situations like this where someone loses a job through no fault of their own. The OP has a legitimate case here and benefits can help bridge the gap while looking for suitable employment.

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You need to approach this very carefully to protect your eligibility. According to TWC rules, when an employer makes a "substantial change" to the terms of employment (like drastically changing your shift), it may be considered good cause to quit. However, you must take certain steps: 1. Formally notify your employer in writing that you cannot work the new schedule due to childcare responsibilities 2. Request to remain on night shift and document this request 3. If they refuse accommodation, explain in writing that you were hired specifically for night shift and cannot continue employment with the changed terms 4. Continue working your current schedule until the change date 5. When you apply for benefits, use the reason code for "quit due to substantial change in hiring agreement" When filing your TWC claim, be very specific that this was not a voluntary quit but rather a separation due to employer-initiated change in work conditions. You'll likely need to provide evidence that childcare is unavailable/unaffordable during morning hours.

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This is incredibly helpful, thank you. Is it better to send these notifications to my supervisor or HR? Also, would text messages count as documentation or should it be formal emails?

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Always communicate with both your supervisor AND HR if possible. Email is much better than text messages as documentation - it's more formal and timestamp-verified. If your workplace uses an HR system for requests, use that as well. The goal is creating an obvious paper trail showing you attempted to resolve the issue before leaving. And remember to save copies of all communications outside of your work email since you'll lose access after leaving.

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After trying to call TWC for days about a similar situation (my employer changed my work location to 50 miles away!), I finally got through using Claimyr. It connected me to an actual TWC agent in under 10 minutes when I'd been getting busy signals for a week. The agent explained that schedule changes can definitely qualify as good cause to quit if they conflict with important obligations like childcare. Seeing their video demo (https://youtu.be/V-IMvH88P1U?si=kNxmh025COIlIzKh) convinced me to try it, and it was worth it to finally get a clear answer from TWC directly instead of guessing. Their website is claimyr.com if you're struggling to reach someone at TWC about your situation.

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does this actually work? i've been calling TWC for 2 weeks straight with no luck getting through

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Yes! It seriously worked for me when nothing else did. I was skeptical too but was desperate after trying for days. The system held my place in line so I didn't have to keep redialing and getting busy signals. Definitely better than spending hours hitting redial.

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Question - have you tried negotiating with your employer? Before quitting, see if they'll let you stay on nights or even offer a hybrid schedule. Sometimes employers don't realize the hardship these changes cause and might be flexible if you explain. Document all these conversations. If they refuse to work with you, that strengthens your case with TWC that you had no alternative but to leave. Also, start your job search immediately - having applications out shows TWC you're making efforts to avoid unemployment.

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I did try talking to my manager initially when she told me about the schedule change. She said it's a company-wide shift reorganization and they need experienced people on mornings. I'll try one more time with a formal request to HR though. I've already started applying for other night positions but not having much luck yet.

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Hugo Kass

my cousin went thru this last yr. twc denied her claim first then she won appeal. they said the big thing was that she had TRIED to fix the problem b4 quitting. u need to show u talked to bosses and gave them chance to keep u on nights. dont just quit with no warning or ull probably get denied benefits

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This is so true! TWC is big on seeing that you tried to "preserve the employment relationship" before leaving. They want to see that quitting was your last resort after reasonable attempts to solve the problem.

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wait dont u have any family that can help with the kids? seems like thats an easier solution than quitting a job u just started

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Unfortunately no, I don't have family nearby who can help. My parents live in another state and I'm raising my kids on my own. That's why the night shift was perfect - I could work while they sleep and be with them during the day. Childcare for multiple kids would cost more than I even make at this job.

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One more important thing to mention: when you file your TWC claim, be sure to select the correct reason for separation. Don't choose "quit" without explanation. You'll want to select something like "quit due to substantial change in work conditions" or similar option. In the detailed explanation section, clearly state this was a material change to your hiring agreement. Also, be prepared for your employer to potentially contest your claim - some companies automatically fight all unemployment claims regardless of circumstances. That's why documentation is so crucial.

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Great point about the employer potentially contesting the claim. OP should also be aware that the initial claim process will likely include a fact-finding interview where both the claimant and employer get to present their side. Being well-prepared with documentation for this interview can make a big difference in the outcome.

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