Can my boss tell me if i can not work weekends to consider this your resignation? I know he can lay me off or fire me but can he resign me?

I worked retail and on Jan.9,2016 my bossTimtold me work is slow and he is putting me ‘On Call’ and to check the company website for my work schedule. Tim called me on April 2016 to see if i could work that Saturday and next Sunday stating it was short notice. I called Tim back telling him I have a job and I work Fridays, Saturdays and Sundays. Tim said he will see what is available. Tim call me on April 12, 2016 and left a message stating you know we are in retail and you must have flexibility to work weekends and if I do not have flexibility to work weekends consider this your resignation.

Asked on May 12, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they can consider it a resignation: they told you to come in and work; you refuse; refusing to go to work is resignation or quitting. (Resignation can be by actions; it does not have to be by words.) So if you fail to come in, they can treat this as a resignation, which  in turn means you would not be eligible for unemployment benefits.

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