Job Transfer (file, receive, claim, qualify)

[COG16]

I was hired by a company to work at a particular location. After a year of service, as well as change in management, I did not get along with the new management so they transferred me to another location, an hour away. In addition, knowing that I am a full-time student on a restricted schedule, they changed my hours intentionally to conflict with my school schedule. If I continuously call out and am released of duties, will I receive UI Benefits ?

[LaCelestina]

Can you request them to move you back? I'd get so in writing and have the manager sign it either way it goes (either they deny or approve). Ask for the reasons why not. Try to get it all in writing.

I wouldn't continually call out which may be ruled as misconduct and ruled against you... I would flat-out quit and file if they refuse to transfer me back. It' constructive discharge if they change your terms of employment by so much without prior warning or agreement without a just reason. You said they moved you to a location an hour away (how much difference is it from old place to new place vs your house? Is your job different? Are your duties different?), and I assume they also changed your hours. Why?

I guess you could continue to call off and still call it constructive discharge, since you couldnt accommodate the new terms, but I'd get all the paperwork squared before you quit/they fire you. Your old place of employment and the hours, any agreements made during that time, reason why you were transferred as it appeals to you (ie, you and management didn't get along), any changes in responsibility or job tasks or pay, etc.

[Chyvan]

You may very well have good cause the moment they said you are being transferred, but the first time you worked at the new location, you lost your good cause because it means that you agreed to the change.

Calling out sick isn't going to work for you because in your other thread, you were already out on FMLA.

[COG16]

Thank you for your responses. I was hired as a teachers assistant at an Elementary School, they transferred me to the jhs/hs that is an additional hour travel time from my home. My duties will technically remain the same, however, these are emotionally disturbed special education children & extremely aggressive at the high school (punishment for not getting along w/ current administration).

Friday afternoon after all of the children had left, I was called into the office & instructed to report to the HS Monday morning; my assignment was transferred. I have not reported yet and I have an email thread between myself and the superintendent (sat & sun) stating my case & being told if I do not report to the hs I will no longer have a job.

I stressed all weekend, elevating my blood pressure to dangerous levels. I rushed to the dr, was diagnosed w/ anxiety & placed on 5 different meds. My dr also advised me to take some time off, so I began FMLA that Monday.

[Chyvan]

Don't make this medical. Being transfered can very well be good cause. It depends on whether the work you are being asked to do is suitable for you, and if the distance is too far. Don't muddy things with medical. I know it sounds good, but it's too easy to get a medical for benefits, and immediately lose those benefits because they say you are "too sick to work."

You are not required to accept unsuitable work. When an employer "transfers" you, in effect they are "firing" you (your wish), but then they are simultaneously offering you a new job (that's bad) but there are a whole lot more things that make it possible for you to refuse work and get benefits than to quit the job you "had," as opposed to refusing the job it was going to become.

[COG16]

I don't understand what your saying. So I don't mention the medical & focus on the transfer, but I'm expected to report to the HS on Tuesday, what should I do from here on out?

[Chyvan]

You have to make a decision based on everything you know about the HS job. Is the HS job suitable for you compared to the job you have right now?

You are being fired from the job you have. That's a discharge. Sounds like they are firing you because they don't need you in the job that you have now. That's makes you eligible for benefits.

The HS job is a new offer of work. It appears to be a job that you don't want. There may be lots of reasons that you don't want it that you haven't gone into detail about, but distance is a valid factor to turn down a job. You just need to know what the right distance is.

[COG16]

Thank you so much for your patience, I think I finally understand what you've been trying to tell me. I've already been discharged and qualify for unemployment benefits; now I must focus on good cause to deny the new job offer so that I do not immediately lose the benefits when the employer responds to my claim. Do I understand now?

Also as LaCelestina suggested, I believe I have evidence in writing. I've included an excerpt of an email response I received from the superintendent, denying my request not to be transferred.

"For reasons of which you are aware, your teaching assistant assignment at the elementary school has ended and there are no other suitable assignments there available for you.

Therefore in order to continue your employment at Xxxxx & Xxxxx as a teaching assistant you must report to the Yonkers campus, tomorrow October 7, 2013 at 8:00 AM where an assignment exists for you."

As for good cause, according to data received from google maps, it would require a 2 hour & 2 minute commute to reach the Yonkers campus. That's 4 hours & 4 mins of travel time to work and be compensated for 6 hours. Is that good enough?

[Chyvan]

I think you have totally grasped the concept. I can't say about the commute time. My state is more than 20 miles or more than a 1 hour commute. They interact, so it only takes one factor to be present, but I'm pretty sure that a 2 hour 2 min commute makes for a good cause refusal.

[COG16]

Thank you for everything, you were an excellent advisor!! My next reply will notify you of my claim outcome.