Requesting to be laid off?

[nurseypants328]

I am a home health nurse and recently had a baby. I've been on maternity leave since November and am due to go back to work in June. I was contacted by my employer about a month ago and was told that the company downsized significantly and I would be re-assigned to a new coverage area which is a MINIMUM of a 45 min drive every day, in a really terrible area. I have mentioned to them many times that this area is too far before and I was hired to cover the area near my home which is why I took the job. not to mention having a newborn in daycare and being far away is a problem for me too. I have been wanting to go back to the hospital for a while now but liked the schedule with HH. but now I plan to look for a hospital job again. my question is: Can I ask to be laid off? To me, it seems like they are trying to get me to quit based on the "position" they are now offering me... and they've already laid off other nurses. don't get me wrong, I'm thankful they are offering me a job, but I think its because they HAVE to due to my maternity leave job protection. any advice for me? I've worked there for a year and a half and have a great working relationship with everyone. part of me wants to email my mgr and just tell her straight out, but I want to be professional and tactful when I approach this.

[bgxyrnf, MSN, RN]

I'll be blunt: What you're proposing is unethical, an abuse of a public benefit, and fraud... and conspiracy if they knowingly go along with it. UI is to provide a bridge for people whose lives are disrupted by a sudden job loss due to no fault of their own. It is not to provide you some extended maternity leave while you look for a better job.

[BBP42]

Many years back the company where I was working did something similar to me, "your position is no longer needed but you can take this other job at a different location." I quit and filed for unemployment (in the state of RI) and explained exactly what happened, that the alternate position offered was not feasible for me due to child care issues, and my unemployment was granted. So even if you end up quitting I would say filing for unemployment was worth a shot, as long as you are honest in what you report to them the worst they can say is no, right?

[Nurse Beth, MSN]

Actually you legally can be laid off while you are pregnant or on leave.

If you no longer want to work there, you are better off to first find another job before you give notice.

Asking to be laid off is circumventing the intent of unemployment benefits..

[Have Nurse, ADN, RN]

I too have done Home Health so for what it's worth, unless you have a written agreement of some kind that states the company acknowledges your location preferences, I'm afraid that you have to go where you are needed.

You may need to resign. It sounds as though you have a decent history with them. Is there perhaps another nurse who you could "switch" locations with?

Just an idea.

[kbrn2002, ADN, RN]

Unemployment fraud is no joke and what you are suggesting comes pretty close to that even if your current employer were even willing to do it. Chances are very good that they won't since part of your unemployment benefits come from the employer that lays you off. You can resign and try to apply for UI, under the circumstances you may be able to argue your case successfully. Count on being denied and needing to appeal. Even if you appeal and win your case you won't receive any benefits right away but they would back date payment to the day you initially filed minus the "wait period" that most state's have.

Just curious, is your job market so difficult that you can't just resign and get another job? After all, if you do successfully get unemployment they are just going to make you do job searches anyway so either way you are going to have to be looking for work.

[gonzo1, ASN, RN]

Are there other HH agencies in your area that you can go to work for?

[SmilingBluEyes]

It's getting tougher and tougher to get unemployment. You are not likely to win the battle. Choose another route, work PRN nights, something, to keep money coming in, but don't depend of the rest of us who work to support your lifestyle. Not only quite unfair, it's unlikely to happen anyhow. I worked 12 hour nights on weekends for years to be able to stay home during the week with my kids, well into their teens. Was it "fun"? No but at the end of the day, I continued a fairly steady income, contributing to my SS and potential unemployment benefits should I lose my job for no fault of my own.

Good luck.

[Suzey]

You may be able to get around an unemployment denial if you resign in this case because you can claim your resignation was because you were being forced to locate to another campus. I may be wrong, but look into the laws in your state.