question about management treatment, transportation, and unemployment in California

[BC510]

I have been at my current job for almost 3 years. Recently I had my direct supervisor lie to upper management to cover up a mistake he made which resulted in me getting disciplined (unpaid suspension) and then moved to a different location. Initially I was not told the reason, just informed of the changes by our area manager. When I asked the reason for the disciplinary actions, she told me we would have a phone meeting later that day to discuss, which she rescheduled twice before finally telling me. I explained to her that I would not be able to relocate due to transportation issues which she has been aware of for some timw now and initially told me wasnt a problem. She responded by insisting she had no idea and told me that reliable transportation is required per company policy. I am not the only employee who does not have their own vehicle and are permitted to ride with housemates, etc. Several employees (including myself) have been given accomodations regarding scheduling and location for that reason. Public transportation is not an option due to the hours we work and we work in "areas", not locations so the actual location varies from day to day.
I am aware that their goal is to give me no other option but to quit. However, I do not want to quit out of fear of not being eligible for unemployment since I havent found a replacement job yet.
Initially after my suspension, a pre existing medical condition was mentioned and I was told I could not work until I obtained a medical release. I noticed I was still being scheduled and asked about it to which I was told I did not need a medical release just a note explaining my job limitations before they could accomodate them but until then to make sure to adhere to the schedule. I then explained to her (again) that regardless of not needing a medical release I still had no vehicle and asked if i was going to be terminated as a result.
She told me she would check into it and get back to me but it's been two days and she still hasnt. I am scheduled for work tomorrow.
What are my rights (if any at all), would I possibly qualify for unemployment if I resign? Any thoughts as to why she is not answering any of my questions directly (ie changing subjects, inconsistent direction, etc). *There are a couple other people in the area i used to work who have contacted her about unrelated issues (missing hours on checks, etc) who she is also avoiding.*
What action do I need to take to rectify the situation?

 

[eerelations]

While what you're describing sounds like very poor management practices, I don't see anything illegal in your post. It's perfectly legal for management staff to behave like this.

It's very unlikely that you would qualify for UI benefits if you quit because of all this. Generally UI benefits are only granted to people who quit when said people can show that they have been experiencing ongoing illegal harassment and discrimination at work. "Illegal harassment and discrimination" means negative treatment that is based specifically and directly on things like race, gender, age, religion and/or disability. Nothing in your post indicates that the treatment you're receiving is based on any of these things.

I don't think you can rectify any of this. I think your best option is to continue job hunting. If they do fire you before you get a new job, your chances of being awarded UI benefits are pretty good.

 

[cbg]

There is no, repeat, NO legal obligation for an employer to accommodate transportation issues. Whether they do so or not is entirely their opt, and they are free to pick and choose who they do it for as long as in doing so they do not violate Title VII and related laws.

 

[commentator]

Slight correction here. Unemployment insurance can be granted when a person quits a job if they can show a valid JOB RELATED reason for quitting the job. It does not really have to be illegal discrimination such as the EEOC would deal with. It can be something like "my paychecks bounced" or "boss threw a staple gun at my head" which of course are not related to EEOC issues such as sex race or gender or religious discrimination but are still valid job related issues that make it very negative to work there.

Things like this are still considered a valid reason to quit a job, provided of course that you have exhausted the reasonable alternatives (tried to work it out about the paychecks, probably not so much with the physical attack). And it should have happened immediately before you quit, not a while back but you're still miffed about it.

But the burden of proof that they had this good job related reason to quit is pretty high and is placed on the person applying. So my answer to this is probably no, you very likely wouldn't be approved for benefits if you quit the job due to being scheduled at a different location when you have no transportation.

And even if the unlikely happened, and you were approved, it would be after a long long period of say, a couple of months of wrangling with the system, filing appeals, etc. Unemployment insurance would be no instant paycheck here even in the very best of circumstances and these are not that.

And yes, it truly sounds like your employer is trying to force a quit. The best thing to do is immediately begin looking very hard for other jobs, but whatever you do, try your best to keep showing up for your work here until you find another one. Because if you quit the job, your chances of being approved for unemployment are very low, and are not too terribly high even if they terminate you for not showing up for work.

As cbg said, company policy can say that the employee must have "reliable transportation" and they are not in any way required to accommodate a person who has transportation issues. That is considered a personal issue, and like having a baby sitter quit unexpectedly, it is not something that will qualify you for benefits.

 

[cbg]

In fact, at least in my state, you'd have a better chance of getting benefits if you quit over a babysitter quitting unexpectedly (as long as you made every effort to resolve the situation otherwise first) than you would if you quit over lack of transportation.

 

[Chyvan]

resulted in me getting disciplined (unpaid suspension) and then moved to a different location.

You were probably eligible during your unpaid suspension remember that suspensions are no different than layoffs. If you were suspended for something you didn't do, and the employer couldn't prove otherwise, there wouldn't be any misconduct.

As to the new location, it depends how FAR in distance, how LONG in time, or how MUCH in money it takes to get to the new location. Also, new location might mean NEW duties, pay rate, schedule or hours that would render the job unsuitable.

Google the EDD benefit determination guide and read the "Voluntary Quit" chapter, and pay attention to the "Travel: time, distance, and costs" and "Working Conditions: refusal of transfer."

It's not that you don't have transportation. You do. You have transporation to the job you have right now. However, when the employer CHANGES your job, then your employer is in effect causing your transportation problems and if it's significant enough, you give the employer a chance to fix things, and the employer rufuses, you can get your UI. Just know the burden will be on you, so get documents showing where you work now, where you'll be working later, print the email to fix things with your employer and their response, and when you quit say exactly why in your letter of resignation. Don't say, "your life is going in a different direction," because you're trying to get a good reference because it could be used against you later.

 

[commentator]

You were probably eligible during your unpaid suspension remember that suspensions are no different than layoffs. If you were suspended for something you didn't do, and the employer couldn't prove otherwise, there wouldn't be any misconduct.

As to the new location, it depends how FAR in distance, how LONG in time, or how MUCH in money it takes to get to the new location. Also, new location might mean NEW duties, pay rate, schedule or hours that would render the job unsuitable.

Google the EDD benefit determination guide and read the "Voluntary Quit" chapter, and pay attention to the "Travel: time, distance, and costs" and "Working Conditions: refusal of transfer."

It's not that you don't have transportation. You do. You have transporation to the job you have right now. However, when the employer CHANGES your job, then your employer is in effect causing your transportation problems and if it's significant enough, you give the employer a chance to fix things, and the employer rufuses, you can get your UI. Just know the burden will be on you, so get documents showing where you work now, where you'll be working later, print the email to fix things with your employer and their response, and when you quit say exactly why in your letter of resignation. Don't say, "your life is going in a different direction," because you're trying to get a good reference because it could be used against you later.

The employment system isn't going to give a hoot in heck about whether or not you are not in the same location or whether you can arrange a ride, or whether you had a convenient form of transportation as long as it is within reason or "whether your life is going in a different direction." They ignore this type of hyperbole, look at the law and the situation.

If they moved you say, across a big old town, and you couldn't get there without undue expense or effort, so that it is a rather obvious attempt to get you to quit, and you quit immediately as soon as they change your job assignment and move you, you might possibly have a chance of being approved. That would be based on that they are trying to "force a quit" by changing your job location or your benefits or your wages SIGINFICANTLY.

And when you sign up for benefits, you are going to say that you have transportation to any job within a reasonable commuting distance that you may be qualified to do. And that's sort of required before any benefits can be paid. If they have offered you something that is NOT significantly different from what you had, and the reason you can't work it is that Joe Blow who works for the same company isn't going to be driving in that direction and they knew you had to get rides from Joe and Joe only, you haven't got a chance of proving that your transfer was unreasonable and that you had a good misconduct reason to quit the job.

And as I said, it will only be with great effort that you might be approved for benefits, and after a considerable amount of time has passed. It's not all a matter of arguing brilliantly and it's certainly not a sure thing and not an immediate thing. I say find another job and try to get a ride to this one till they fire you. Then you will be much more likely to get unemployment benefits.