NY unemployment law help please advice please (collect, claim, record)

[scampo]

Hi everyone
I have a question. And I know there is no certain answer but I just need to advice and help. I have been working at a CPA firm for over 6 years. In march of 2012 I had my 1st child. I had three month of maternity leave (I did work from home for half that time due to deadlines) and when I went back to work my boss OFFERED me to work from home 3 days a week and in the office 2 days. It was a great schedule and it worked great since I was able to cut the 4 hr commute out.
I got pregnant with my second in November of 2012. I kept the same schedule and when my new baby girl was born I had my maternity leave. Not the same as the last one. I started working from home 1 month after she was born and going back next week. She is only 2 months old so I don't like having to leave the house before she is 3 month but have no control over it.

The issue at hand is they are trying to push me out. They want me now to come in 5 days a week and instead of doing the audit that is 15min from my house they want to send me to another state for 4 nights and to nj which would take me all day.
I nurse so I am unable to go to the audit that i would have to spend the nights. So I have a medical reason to refuse that work but the biggest question is. Since they are pushing me into a wall where I would have to quit and try to find another job (hopefully local) can I quit and collect unemployment. I don't want to be left without a dime. I need the unemployment until I get another job. I am starting to look but not interviewing yet. I know times are hard and finding a well paying job isn't easy. I don't want to just collect to collect. I need it until I get a new job.
can I quit because they have changed my terms?? From 3 days at home to everyday in the office.

I go back on Tuesday and I need advice because I can't find child care for 5 days a week for 12 hrs days.

Help help help. I am backed into a wall and I'm so upset.

Thanks
My employer is NY and I live in NY. The law would have to be NY

--
Susana Campo

[Chyvan]

The work at home being taken away probably isn't good cause. These kind of things go by what is "prevailing" for the type of work you do, and I think that people that work at home have dream jobs, and that it is by no means "prevailing." However, if you have a written agreement that you'll be working at home from here on out, it might work, but I doubt you do.

That out of state audit though, that's something you can talk more about. Like how long would you have to be doing that? How far away from your home is it?

I don't see you nursing as medical. That's what pumps are for. However, if they have you so far away that you can't get the milk to your baby, then that's where the "good cause" comes from.

Read this //www.city-data.com/forum/unemp...mployment.html

What it means is even when you're right, you can still get denied. I still have confidence that this person can get UI, but the time without benefits is killing her.

I went through an employer change as well, and I didn't get my first UI check until 363 days, and 5 appeals with 1 mistake appeal, so I have the equivalent waiting time of having appealed 6 times.

Also, you have to adjust your grievance and be able to prove that you did it. So at a minimum start by emailing your boss telling them that you're nursing, the out of state work assignment just isn't going to make it possible for you to get the milk to your baby, suggest being assigned to the audit 15 minutes away, blah blah blah, and see what they say. You'll at least have proof of your efforts, and print the proof out and save it. You'll absolutely need it.

[scampo]

Chyvan
I have nothing written from them but i have recorded our phone conversations.

an email written by my boss started with "[SIZE=3]I hope that you can manage to balance being the mother oftwo children and working under time constraints." Why would he say something like that. As if i am unable to work and be a mom!![/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]I did tell them that it would be impossible for me to go to the out of state audit by recommendation from the pediatrician. Even thou i pump it isnt enough my body doent like to be pumped... my milk WILL cut!!! [/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]on another note... they are low on work and i was going to suggest to them that if they were going to lay someone off that i could be that person and if in a couple months they have work to call me if i am still unemployed. A lawyer friend told me to say that in person with no witnesses... scary!![/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]His email and my response - he is sneaky bc he never mentioned the 2-3day on the phone!!![/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]Fromm boss[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]We look forward to having you back to work full-timebeginning on October 8, 2013.[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]At this time, we will be able to offer you the opportunityto work from home two or three days per week, depending on your work load andwhat specific projects need to be done. Please note, that this may changeand if it does, we will certainly give you advance notice if possible. Although you will often be permitted to work from home 2-3 days per week,we anticipate that there will be several weeks where we will need you to conductaudits in the field. On those weeks where field audit work arises, wewill not be able to offer you the opportunity to work from home. [/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]I believe this outlines what we discussed on the phone andlook forward to seeing you next Tuesday.[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]MY RESPONSE[/SIZE]
[SIZE=3]Thank you for the email. Per our conversation you alsomentioned that the tax workload is minimal and that I would have to do auditsin order to make my time. Which I do not mind doing. As I mentionedto you that going to Assmann audit in Indiana is would be hard and probablyimpossible. As you know I nurse my daughter and I spoke to thepediatrician and it is not possible for me to travel away from her at thismoment. (she will just have turned 3 months old) My milk supply is justbalancing out and if I am not here with her it will possibly cut. I donot give my children formula until about 9 months. This is how I chooseto care for my children and I do not want to change it.[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]In our conversation you did not mention the opportunity towork from home 2-3days a week at home. I asked about what Steve mentionedin my last conversation with him and that was to do all work from theoffice. What you stated was that, that is what Steve wants, for me tocome in to do all work. I did assume that I would keep the same scheduleas before like I said. That would be 3 days at home and 2 days in theoffice. I have arranged for childcare for this schedule not for any otherschedule. If I had to change it, it would be difficult to do soespecially on a week to week basis. [/SIZE]
[SIZE=3][/SIZE]
[SIZE=3]I will be in on Tuesday and Thursday next week. I hopethat you can provide me with a set schedule for me so I can figure things outon my end.[/SIZE]
[SIZE=3][/SIZE]
[SIZE=3][/SIZE]
[SIZE=3][/SIZE]

[Chyvan]

Yeah, if they want to send you to Indiana, all you need to do is say, "I'm not going," get a response back by email, and then you're good to go as far as just not showing up at the work site.

[scampo]

Anyone else have any experience in this. It's seems to be a very grey area!! I have to quit because it is impossible what they want me to do all of the sudden.

[Ariadne22]

You should read this section:

Section 1600-1700

You may have an argument, here:

1635. Domestic reasons

1. Children, care of
   1. Voluntary leaving is with good cause where claimant is required to take care of her infant child at home. (A.B. 6184-41)

Section 1600-1700

Know that quits are problematic. You always risk a denial - or, possibly, a denial only to win benefits later on appeal.

Let us know how NY rules for you.

[aghuy]

I would have to guy with Chyvan and say that is a bad idea to argue that you could not do the work due to medical reasons. You would probably be asked to get a doctor's note if that was really the case. Even if you did happen to get a doctor's note that might work against you by proving that you are not physically capable of working.

If I were the Representative that was assigned to your case I would want to see that:

#1 The employer changed the terms that you had agreed to work under
This means that you have in writing or can prove in a reasonable way that you and the employer had set up terms you would be working under and your employer is attempting to get you to do something differently.

#2 You made prudent steps to try to keep your job. Essentially, prove that you wanted to keep your job and tried to do what you could (within reason) to keep it.

#3 If the reason for leaving work is related to childcare I would want to have proof that you have access to childcare so that you can still seek and accept future employment.