If my employer wants to change my schedule and I don’t want to accept because I have another job and it will not allow for me to change my hours. can

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If my employer wants to change my schedule and I don’t want to accept because I have another job and it will not allow for me to change my hours. can

they still fire me and if so can I collect unemployement?

Asked on June 1, 2009 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Do you have an employment agreement or contract (including a collective bargaining agreement, as a member of a union)? If so, depending on what the contract says, your employer might not be able to change your hours or schedule. If you don't have a contract though, your employer definitely can change your schedule and they are not required to accomodate a different job.

If you refuse to work the hours they set for you, they can fire you. If you are fired, you generally can collect unemployment (as long as you've worked enough hours, for enough weeks to otherwise qualify), though if your employer chooses to contest your unemployment claim and state that you effectively resigned (by not accepting the hours) rather than being fired, they could make it sticky for you. For that reason, if you do end up parting ways with this employer, try to do so on as good a terms as possible, to decrease the chance they will contest your unemployment claim.


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