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

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.

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.

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

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.

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.

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.

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

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

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.

I'm in a very similar situation and wanted to share what I learned from my TWC caseworker. The key thing they told me is that Texas recognizes "constructive discharge" - basically when an employer makes such significant changes to your job that you're forced to quit. Schedule changes that conflict with childcare are specifically mentioned in their guidelines as potentially qualifying circumstances. One thing that really helped my case was getting a written statement from a local daycare explaining that morning childcare wasn't available or was prohibitively expensive in my area. This gave concrete evidence that the schedule change created an impossible situation, not just an inconvenience. Also, when you do apply for benefits, emphasize that you were specifically hired for night shift work and that this was a material condition of your employment. Document any job postings or hiring communications that mentioned the night schedule. The more evidence you have that this job was presented as night work, the stronger your case will be.

Based on everything I've read here, you definitely have a strong case for unemployment benefits. The fact that you were specifically hired for night shift work and they're forcing a schedule change that makes it impossible for you to continue working creates what's called a "constructive discharge" situation. I went through something similar when my employer moved my department to a different city - TWC approved my benefits because the change made it impossible to keep the job. A few additional tips from my experience: 1) When you submit your formal written request to stay on nights, include specific details about your childcare situation and why morning work is impossible, 2) If possible, get a copy of your original job posting or hiring paperwork that mentions night shift, 3) Keep records of any job searches you're doing for other night positions to show you're trying to find alternative employment. The appeal process isn't as scary as it sounds if your initial claim gets denied. I had a phone hearing and just had to explain my situation clearly with my documentation ready. The hearing officer was actually pretty understanding about work-life balance issues. Stay strong - you have legitimate grounds for benefits here!

I'm so sorry you're dealing with this stressful situation! As someone who works in HR, I can tell you that your case has strong merit for unemployment benefits. What you're describing is textbook "constructive discharge" - when an employer makes such substantial changes to the job that you're essentially forced to quit. Here's what I'd recommend based on similar cases I've seen: First, send an email to both your supervisor AND HR immediately stating that you cannot work morning shifts due to childcare constraints and that you were specifically hired for night work. Request in writing to remain on your current schedule. When they inevitably refuse, follow up with another email stating that the schedule change makes it impossible to continue employment and that you'll have to resign effective on your last night shift. Keep copies of EVERYTHING - your original job posting/offer letter mentioning night shift, all email communications, even get something in writing from local daycares about morning childcare unavailability/costs. When you file with TWC, select the option for "quit due to substantial change in work conditions" not just "voluntary quit." Most importantly, don't just walk away - work your full notice period on the night schedule. This shows good faith effort to maintain employment until the impossible change takes effect. Your employer will likely contest the claim, but with proper documentation, you should win. The key is showing TWC this wasn't a choice but a forced separation due to their unilateral change to your hiring agreement.

I work as a paralegal and handle employment law cases, so I wanted to add some specific legal points that might help your situation. Under Texas Labor Code, you may have what's called "good cause" to resign when your employer makes a substantial change to the terms and conditions of your employment. The key phrase TWC looks for is whether the change was "so substantial" that a reasonable person would have quit. A few critical things to document: 1) Get a written copy of your original job description or offer letter that specifies night shift work, 2) When you email your employer about the schedule conflict, use language like "this represents a material change to my hiring agreement" and "I accepted this position specifically because of the night schedule accommodation for my childcare needs," 3) Request a meeting to discuss alternatives and document that they refused to accommodate your needs. Also, be aware that TWC will likely schedule a "fact-finding" interview within 1-2 weeks of your claim. Both you and your employer will be interviewed separately. Have all your documentation organized and ready to reference during this call. The investigator will be looking for evidence that you made reasonable efforts to preserve your employment before quitting. One more tip: if your initial claim is denied (which happens more often than it should), don't give up. The appeals process has a much higher success rate for legitimate cases like yours. I've seen many similar situations get overturned on appeal when proper documentation was provided.

I'm going through almost the exact same situation right now - my employer just told me they're switching me from nights to days in 3 weeks and I'm panicking about losing my job. Reading through all these responses has been incredibly helpful, especially the advice about getting everything in writing and the specific language to use with HR. One thing I wanted to add based on my research is that TWC also considers whether you made "reasonable efforts" to find alternative childcare before quitting. So it might be worth documenting that you contacted several daycares/babysitters and couldn't find affordable morning care. I called around to get quotes and saved all those conversations - even the ones where they said they had no morning openings. Also, I noticed someone mentioned the Claimyr service for getting through to TWC. Has anyone else tried this? I've been trying to call TWC for days to ask about my situation proactively but keep getting busy signals. If it actually works to get through faster, it might be worth the cost to get official guidance before I have to make any decisions about quitting. Hang in there - it sounds like you're building a really strong case and following all the right steps. The fact that so many people here have successfully appealed similar situations gives me hope for both of us!

I'm a former TWC claims examiner and wanted to share some insider perspective on your situation. You absolutely have a viable case for benefits, but timing and documentation will be crucial. Here's what I've seen work best in similar cases: When you submit your written request to stay on nights, include a specific timeline showing you were hired for night shift work and emphasize that accepting this position was contingent on the schedule accommodating your childcare situation. Use phrases like "material breach of hiring terms" and "constructive discharge due to unilateral schedule modification." TWC examiners look for three key elements: 1) The change was substantial and affected core job conditions, 2) You made good faith efforts to resolve the conflict, and 3) Quitting was your only reasonable option. Your situation checks all these boxes. One thing I haven't seen mentioned yet - when you file your claim, you'll likely be asked about your availability for work. Be prepared to explain that you ARE available for employment, just not morning shift positions due to childcare constraints. This isn't considered a limitation that would disqualify you from benefits, especially since night shift jobs exist in your field. The initial determination might take 2-3 weeks, so definitely look into emergency assistance programs if needed. Even if initially denied, appeals have about a 70% success rate for legitimate constructive discharge cases when properly documented. Don't let an initial denial discourage you - your case has strong merit based on what you've described.

I've been following this thread closely since I'm in a somewhat similar situation (employer changing my work location instead of schedule), and I wanted to add something that really helped me when I spoke with a TWC representative. They specifically mentioned that Texas recognizes childcare as a "compelling personal reason" that can support a good cause resignation, especially when the employer knew about your childcare constraints when they hired you. The key thing the TWC agent told me was to be very specific in your documentation about the timeline - show that you were hired WITH the understanding that night shift was part of the job, then the employer unilaterally changed that condition. They also said to keep records of your job search efforts for other night positions, because TWC wants to see that you're genuinely seeking suitable employment, not just trying to avoid work. One practical tip: when you're documenting conversations with your employer, follow up any verbal discussions with an email saying something like "Per our conversation today, I want to confirm that..." This creates a written record even if they won't put things in writing themselves. You're handling this exactly right by seeking advice and building your case properly. The fact that you took this job specifically because of the night schedule and now they're forcing a change that makes it impossible to continue - that's textbook constructive discharge. Stay strong and keep documenting everything!