not being able to keep current hours due to childcare – Would this be a quit or discharge in New York

by bad luck

(buffalo, ny)

employer claims its business needs . saying I have to go frm 9-5 to 2-10pm. impossible with my children. stellar employee. want to keep my job but can’t work these hrs. 30 days notice of schedule change. New York State. major bank. I can do 16 hours of it. I work 40 hrs. Please advise…

Hi Bad Luck,

I think you’ve asked a question about being fired when in fact you would be quitting.

Please check out
Section 1635 one this page and be sure to click the links to the decisions.

This is the section on misconduct.

I’m certain the state will want to know what efforts you made with the employer to resolve this problem and the reasons you can’t work 2-10.

There is a link to a decision in section 1635 that makes me believe your good cause may directly related to why you cannot secure childcare. It seems to give more weight if you are a single parent, but it also leaves open the reason of not being able to spend tiime with your children.