# Can I claim unemployment if I leave my job?



## clarerosebud (4 Aug 2011)

I have been employed by the same company for over 6 years, I have have been out on maternity leave, and have just finished unpaid maternity leave but am not in a position to return to work as the company are not able to offer me part-time mornings, as I requested,  only part-time evening shifts. This will not work for me, as we have 3 young kids (all under 4) and my husband works and is not home until 7pm. My hours would have to be 6pm-10pm 4 evenings per week, and one in 3 weekends. I live 25 minutes drive from work, I have nobody to mind our children in the evening time to cover the time when I leave until my husband returns. If I leave my position because of this, am I entitled to claim unemployment benefit or where do I stand? Thanks


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## Berni (5 Aug 2011)

No, as you aren't available for full time work, then you don't qualify.


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## sean.c (5 Aug 2011)

On a different note, did you previously work mornings?  And now the company is only allowing to you work evenings?

You should talk to a union rep, the company might have a problem with changing your working conditions like that, and it might be construed as constructive dismissal (i.e. the company are forcing your resignation by only offering you a position which they are fully aware you are unable to accept).


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## Ildánach (10 Aug 2011)

Here are the guidelines about restricting the hours that you are available for work:

http://www.welfare.ie/EN/OperationalGuidelines/Pages/ja_jobseekall.aspx
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			Unreasonable Restrictions
		
Click to expand...

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> A person may be regarded as not being available for work if s/he  imposes unreasonable restrictions on:
> 
> 
> the nature of the employment; or
> ...


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## JoeB (10 Aug 2011)

[quote='http://www.welfare.ie/EN/OperationalGuidelines/Pages/ja_jobseekall.aspx - some text replaced by ---]

if a person is unwilling to accept an offer of suitable employment ...  because s/he is unhappy with the going rate for the job this could be regarded as imposing unreasonable restrictions on his/her availability.  .... 

If for example, taking up such employment would leave a person in a worse financial position, taking into account the various other income supports available to him/her, then it may be reasonable not to accept an offer of such employment. ...[/quote]

That more or less says that one is not obliged to take up a job if it will pay less than the dole, PLUS other benefits, like the medical card, and rent allowance. These could easily add up to being more than a minimum wage job. If so, then we have a situation wherre people on the dole cannot be forced to take up minimum wage jobs, even if that's all they're qualified for.. that's a clear problem there.


This is very relevant to discussions about the minimum wage, and social welfare rates.


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