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Old 02-05-2017, 11:02 AM
 
50,804 posts, read 36,501,346 times
Reputation: 76599

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Quote:
Originally Posted by kapikap View Post
No I would always prefer to earn an honest wage , but some times employees are placed in a jam, and do not know their rights.

You actually have people denied their rightful benefits, because say the wrong thing when answering Un Employment. These people go months without income because of it.

Sometimes Management finds a lame excuse to get rid of employees who they dont like any more. I had to endure a very senior employee that would talk like the good old boys all day long, and he would get away with anything. He was a Mascot of sorts, and would make peoples lives miserable, on Managements orders. He loved to micro manage and put on the screws by constantly picking on me, until I snapped and quit. Constantly correcting me, when there is no error, constantly pointing out fault in every move. These are grounds to collect, I wish I would have had a defense. Case Law is golden in a hearing.

I feel sorry for those that have had to suffer financial hardship at the hands of slease.
If she quits and collects unemployment she will lose the benefits anyway, which is why she took the job. COBRA for her and her kids would be more than her monthly salary.

OP, only Union jobs have leeway with issues like this. I have never seen any retail application for a big chain that doesn't say weekends and all shifts may be required. Someone telling you something verbally carries no weight if there is any policy written anywhere in their applications and/or employee manual that says differently. Probably 70% of your co-workers are also parents who must work weekends and whatever shifts they are needed, so I don't think your situation is going to be seen as unique.

Is it possible some of your co-workers have complained about it? I used to work in a casino, 1-9 with Monday and Tuesday off, and everyone had weird hours, and most had kids. If one person said "I can't work weekends because I have kids" and they were granted that over other full time people who had been there for years and still on weekend shifts, the other co-workers with kids would have practically rioted! Honestly, I would have too....why should I have to work weekends forever because someone else decide to have kids? it's truthfully not fair and I can see it could cause problems with staff.

And yes, employers are allowed to change employee status if their needs change. In my field (OT in nursing home rehab), they send us home when the census is low. I might go in and only have 5 1/2 hours instead of 8 even if I'm full time. They will sometimes tell us if we want more than 5 1/2 hours, we have to go to a different building which is busier until ours picks up, even if the other one is an hour away.

People laugh and mock the protesters with the Union giant rubber rat, sneer while they walk past them into the store that fires people for trying to organize, and never realize Unions provided the only protections employees in this country ever really had over our corporate overlords. There was no middle class before the unions, and the one we have now has dwindled as they have lost power, but people still vote against their interests and think businesses are going to treat them fairly of their own volition.

Sorry about the rant.

OP, I have not seen a school district in a long time that didn't have before and after school programming and late pick ups for working parents. We had dozens of kids in ours because the vast majority of working parents cannot pick up at normal school hours. Have you looked into this? I know it;s better to be with them longer, but you are going to really struggle finding retail jobs that don't require weekends, and even more so, one that lets you leave to get your kids from school.

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Last edited by ocnjgirl; 02-05-2017 at 11:16 AM..
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Old 02-05-2017, 11:28 AM
 
16,235 posts, read 25,221,586 times
Reputation: 27047
OP....I am listing some links that are specific to Montana and also to helping single parents with job training and other resources. There were actually many more links, after searching "single parents job training help"

HELP FOR SINGLE MOTHERS IN MONTANA · Financial help for single moms

SPAOA - Single Parents Alliance of America


https://www.singlemotherhelp.org/

State Assistance Programs - Single Moms | SingleMoms.ORG – Money, Life, and More

Last edited by JanND; 02-05-2017 at 11:40 AM..
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Old 02-05-2017, 12:20 PM
 
6,769 posts, read 5,490,348 times
Reputation: 17649
Interesting, the OP has not posted since the initial post, unless I missed it, and probably because she doens't like the responses.

OP: Unless you have a contract or a union, the employer can do ANYTHING they want with your hours, AND if you don't like it and cooperate, they can fire you.

NOBODY in retail that I ever worked for had your "requirements" and got away with it.

Look at your employer's listings for jobs open in your sector, chances are it says "nights, holidays and weekends a MUST".

They can get rid of you by scheduling you for nights or weekends, and when you don't show 3 times, ligitimately FIRE YOU.

GET OFF your pity pot and go find a job-not retail-that will allow you a fuller-time schedule for when you are available.

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Old 02-05-2017, 12:26 PM
 
Location: here
24,873 posts, read 36,176,449 times
Reputation: 32726
Simple answer is "yes."

As others have said, I'm surprised they hired you with those schedule limitations. You were lucky to have that schedule for a while. I would never apply to a retail job and hope to have evenings and weekends off, let alone a break to pick up my kids. Maybe it was causing a morale problem among the other employees and the new manager saw that.
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Old 02-05-2017, 12:31 PM
 
Location: here
24,873 posts, read 36,176,449 times
Reputation: 32726
Do you have a friend who could pick the kids up, or maybe another mom who would do it for a few dollars/week? Or a high schooler?
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Old 02-05-2017, 06:10 PM
 
Location: Los Angeles CA
1,637 posts, read 1,346,618 times
Reputation: 1055
Quote:
Originally Posted by ocnjgirl View Post
If she quits and collects unemployment she will lose the benefits anyway, which is why she took the job. COBRA for her and her kids would be more than her monthly salary.

OP, only Union jobs have leeway with issues like this. I have never seen any retail application for a big chain that doesn't say weekends and all shifts may be required. Someone telling you something verbally carries no weight if there is any policy written anywhere in their applications and/or employee manual that says differently. Probably 70% of your co-workers are also parents who must work weekends and whatever shifts they are needed, so I don't think your situation is going to be seen as unique.

Is it possible some of your co-workers have complained about it? I used to work in a casino, 1-9 with Monday and Tuesday off, and everyone had weird hours, and most had kids. If one person said "I can't work weekends because I have kids" and they were granted that over other full time people who had been there for years and still on weekend shifts, the other co-workers with kids would have practically rioted! Honestly, I would have too....why should I have to work weekends forever because someone else decide to have kids? it's truthfully not fair and I can see it could cause problems with staff.

And yes, employers are allowed to change employee status if their needs change. In my field (OT in nursing home rehab), they send us home when the census is low. I might go in and only have 5 1/2 hours instead of 8 even if I'm full time. They will sometimes tell us if we want more than 5 1/2 hours, we have to go to a different building which is busier until ours picks up, even if the other one is an hour away.

People laugh and mock the protesters with the Union giant rubber rat, sneer while they walk past them into the store that fires people for trying to organize, and never realize Unions provided the only protections employees in this country ever really had over our corporate overlords. There was no middle class before the unions, and the one we have now has dwindled as they have lost power, but people still vote against their interests and think businesses are going to treat them fairly of their own volition.

Sorry about the rant.

OP, I have not seen a school district in a long time that didn't have before and after school programming and late pick ups for working parents. We had dozens of kids in ours because the vast majority of working parents cannot pick up at normal school hours. Have you looked into this? I know it;s better to be with them longer, but you are going to really struggle finding retail jobs that don't require weekends, and even more so, one that lets you leave to get your kids from school.

[CENTER]SaveSaveSaveSaveSave[/CENTER]
Nobody likes to work weekends or nights
Especially parents and if you do, at some point you do want your weekends back.

Makes it hard to plan life outside of work
For that reason is why I would never work in retail or suggest it as a career

OP get into a job or company where weekend and nights are not required.
Look into daycare work, bank telling, or admin assistant work
If you have retail experience thats customer service it can be transferable

These jobs definately have better hours

Don't look into retail
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Old 02-05-2017, 08:17 PM
 
13,284 posts, read 8,458,170 times
Reputation: 31512
I work retail, and this (?) has been raised when we hit our Low season of sales.
Because at time of hire we are listed as either Part time or full time, They are required to give full time a minimum of 30 hours per schedule. As this effects the insurance pay and the vacation (PTO) time allotment.

Granted I do not live in the state this OP does, yet it sounds reasonable to keep within the guidelines of what quantifies Full time vs part time job status.
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Old 02-05-2017, 08:24 PM
 
4 posts, read 1,888 times
Reputation: 10
Sorry to break it to ya but they sure can.
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Old 02-05-2017, 10:49 PM
 
Location: Here and there, you decide.
12,908 posts, read 27,998,514 times
Reputation: 5057
Quote:
Originally Posted by ss20ts View Post
You work retail. They can change your hours every week. You're not a salaried or contracted employee. Your rights are pretty slim. In retail, it's well known that you must be available nights and weekends. Most places won't even consider a person who isn't available nights and weekends. Management can change at any time. They can also change how many hours they give you at any time.
Absolutely correct. Also if you are in most states, you can be terminated at will
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Old 02-06-2017, 07:12 AM
 
Location: East TX
2,116 posts, read 3,050,294 times
Reputation: 3350
Quote:
Originally Posted by Rabrrita View Post
Unfortunately, it's not always a simple thing. In most states, there are specific requirements that a person must follow to the letter or they risk a denial. This is not the type of scenario where a person can wing it. Knowing the regulations of the state in advance and ensuring all requirements are done in the manner the state wants to see, is what changes a No Benefits to Full Benefits.

That is why I always tell a person considering unemployment to seek advice before acting. One small mistake can cost a person their entire eligibility.


What I find amazing is all the employees who love to whine, moan, groan and cry like a spanked baby because of things their employer has done to them. Yet, they are also the first to get all uppity and reject anything a person can do to level the playing field. It's almost like they live to be abused by employers.

Most employees are as ignorant like rat poop on the issue of unemployment (clearly supported by comments often made here on CD about the subject) to the point they try and persuade people not to use the rights and benefits accorded to them by law. Lets face it, how many employees took the time when they started their first job to learn about unemployment? Probably very few if any.

In this particular case, the OP is in a state where the State itself in their regulations has set a percentage reduction of hours. If an employees hours are reduced (a formula) below a certain percentage, that employee can quit and collect benefits because the State said they will qualify. That's where so many have no concept of what is being suggested. Additionally, in the OP's state, if the employee was hired with a schedule restriction, and the employer accommodated that restriction but decides to change it later, that is a materiel change to the terms and condition of employment which means any adverse impacts such as loss of hours, forcing the employee to quit, is attributable to the employer. Thus the quit would be just cause since the employer made the changes, not the employee. That is not the employee's regulation. That is not the employer's regulation. That is the STATE's regulations!

But, people just love to tell others what they can't do so that they can wallow in the misery of oppression by employers. They just hate it when a worker educates themselves, stands up for themselves, and exercise their rights.
One additional thought to this excellent post; if you decide to apply for unemployment, be prepared. When you leave the place of employment, willingly or not, ask for a copy of your entire employee record. All of it, including interview notes from when you were hired. Be prepared to use this information at an unemployment hearing to show that the employer knew of and accommodated the schedule you requested. Bring facts and documentation to the hearing. Most employers are as bad at this as the employees and being prepared with facts will make your odds of success go up substantially.
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