Forced to quit my job

[Belle1]

My employer, a major national bank, announced a massive layoff of employees this week and those affected would receive 30 days pay (without actually having to work), a severance package and access to unemployment benefits. A select group of individuals, myself included, have been spared a layoff notice but are being forced into a new overnight schedule that would be impossible for me to work with. I am in the middle of completing a teaching credential program and will begin my student teaching requirement soon after these changes are to take affect at work. My current work schedule does not conflict with this but the new hours will. I have asked upper management if there was anything I could do to keep my regular hours or trade positions with another employee who was losing their job or even modify the new schedule but they said "no" and if I couldn't work the new schedule they would take that as my job resignation. Since I cannot accept the new hours, I am forced to quit and find new employment that will fit my schooling. Teaching is my chosen career and I'm not giving it up for a temporary bank job. Quitting though means no severance pay or unemployment benefits. Is there any way I can quit and still get unemployment benefits? Would this qualify under "constructive termination"? Can I take them to court for the severance and 30 days pay? I'm in California.

 

[army judge]

No.

You can keep your job.

The hours aren't compatible with your schooling, but that isn't your employer's problem.




Sent from my iPhone using Tapatalk

 

[Patricia_Young]

And no, you can't sue for severance pay, unless you have an enforceable employment contract that requires it (IF you are fired), as there is no law requiring severance pay.

Besides, why would they give severance pay to someone who refuses (for whatever reason, however "good" in the eye of the employee) to work the hours now required?