AboutBrian Phillips Expertise Can answer questions in areas of wage and hour, OT, Fair labor standards, FMLA, COBRA, Recruiting, Interviewing techniques, employee manuals, HRIS rollout, Employee Leasing or Staffing company cost analysis, bacon, eggs, and more. Essentially a well rounded HR generalist who operates Harvis, Inc., a human resource consulting and service business based in Northeastern Pennsylvania "NEPA". www.harvis.org
Experience As owner and chief consultant at Harvis, Inc., we provide Human Resource services and structure to small businesses without their own HR department. We make workplaces better by becoming that 1/2 person they need to help handle HR responsibilities on a daily, weekly or monthly basis.
Formerly responsible for all Human Resource activity for a staffing company with 2,500 annual employees as well as an employee leasing / PEO business with 1,500 annual employees. Designed and implemented the HR structure to support hundreds of clients in excess of $ 500 million in payroll volume over career in Human Resources.
Organizations * Greater Wilkes-Barre Chamber of Business and Industry - current member and former co-chairperson for the HR Taskforce;
* Tri-County Personnel Association (oldest continuous operating "HR" association in the nation (we think));
* Back Mountain Business Association - Dallas PA
* Business Association of the Greater Shickshinny Area - Shickshinny PA
Publications Northeast PA Business Journal - interviewed for various articles
HR Insights - Chamber of Commerce HR publication
Education/Credentials Bloomsburg State University - 1993 BS Marketing located in Bloomsburg Pennsylvania and Luzerne County Community College - 1991 Business Administration located in Nanticoke, Pennsylvania
Awards and Honors * Better than average - 20/10 vision
* Bestowed with an occasional "Thank You" from clients and their employees.
Question I had an employee in Washington state who asked to have her hours reduced to part time so she could provide child care in the mornings for her children. She was employed under contract for a full time position which she worked for about a year before asking to go part time. We offer no part time positions here and told her we could not accomadte this. We then replaced her. She is now trying to received unemployment through that state. Can she actually get unemployment for this? In my opinion she resigned because she could not work full time. In her opinion she was laid off? Where does the responisbilty rest?
Answer Mike,
I am not an "expert" in Washington state unemployment, but I can tell you in Pennsylvania, the laws are based on whether the employee had a "necessitous and compelling" reason to quit due to her child care. Look up this term.
I know this because a family member of mine did resign from a full time job to try and work only 32 hours a week- the employer refused- like in your case for the same reason and the person I know was eligible to collect UC. Interesting case.
Another part of this to the benefit of the employee is even though she had a situation where she could purport only part time was possible due to life and schedule changes and, when she asked the employer to accommodate her request for other work, the employer said, "No". This shows the employee DID take charge of the situation to try and remedy her child care situation by asking the employer to make an accommodation. Employee 1 Employer 0
You are right about resigning because she could not work full time and if the situation were NOT compelling and necessitous, she would most likely be ineligible. An example would be is she quit just "because" she didn't like the job anymore, she found another job, she chose to begin caring for her child FULL TIME (in other words, she was admitting to NOT be available for ANY work). You see, this employee was not quitting "full time work", she was asking for part time work. When the company said no, it was at that time she exhausted her options, had to resign, and will most likely be eligible to collect due to a necessitous and compelling reason.
Employee 2 Employer 0
What is the reason ? She may say her spouse works full time and can't be a caregiver, can't afford day care or chooses not to use day care, has no other family close by, family close by is incapable of taking care of baby (old or crazy) or any other good reason. In other words, the state of Washington would say, "hey, she tried to fix the situation, the employer said no, and her only choice was she HAD TO QUIT" Employee 3 Employer 0
She got the one up when she asked for part time and it was flatly refused.
So, as your HR guy, if you call her back, and "call her bluff" say, "Sure" we'll give you part time and set you up with a computer or remote access, etc.. and then she balks or refuses, well, then that is a real quit. Turn her in to UC. If she accepts, then try to accommodate her - maybe she will do good- or quit after three weeks.
Your HR guy has spoken :)
You see, if you accommodated her, and then that didn't work, you would be driving the bus instead of her.
