Is Schedule Change a "Substantial Change in the Employment"
5560905
37 Posts
I have an employee who walked off the job because his schedule was changed from 7 AM - 3:45 PM to 8 AM - 4:45 PM.
Our Handbook and rules and regulations clearly states that "Because our business is required to be staffed and operational twenty-four hours a day, seven days a week, scheduling must be a management decision. While individual scheduling requests will be taken into consideration, management reserves the right to alter employee work schedules at any time as it deems necessary."
Due to a valid business reasons, we needed this employee for one hour later in the afternoon rather than the 7 AM hour in the morning. He was given notice of the change but without making any effort to work out the change, chose to walk off the job.
I have an unemployment hearing where this guy is claiming a substantial change in employment and constructive discharge.
He signed our rules & regulations and signed for his handbook where these rules are clearly outlined.
He was terminated for walking off the job.
Any ideas?
Our Handbook and rules and regulations clearly states that "Because our business is required to be staffed and operational twenty-four hours a day, seven days a week, scheduling must be a management decision. While individual scheduling requests will be taken into consideration, management reserves the right to alter employee work schedules at any time as it deems necessary."
Due to a valid business reasons, we needed this employee for one hour later in the afternoon rather than the 7 AM hour in the morning. He was given notice of the change but without making any effort to work out the change, chose to walk off the job.
I have an unemployment hearing where this guy is claiming a substantial change in employment and constructive discharge.
He signed our rules & regulations and signed for his handbook where these rules are clearly outlined.
He was terminated for walking off the job.
Any ideas?
Comments
Organize the facts in a cronologic order.
First, present the employer rules with copies and signatures showing the company policy, written letters or publication of the changed schedule.
Prove that the ee knew or should have known of the company authority to make schedule changes based on sound and planned business decisions.
Second, show the documentation of your prior notification and his acknowledgement of the information.
Third, show the facts of his walking off the job. Have witness statements of those employees from his shift pertaining to the facts surrounding the ee's departure.
Fourth, show the termination documents and the company policy the individual violated. Show that the company was open for business and the employee was not present for work, thus being terminated as a "voluntary Quit".
This should be an easy one if the incident is documented or capable of being documented.
PORK