If I got hired about a month ago and got through training but I still haven’t gotten hours, can I take any legal action?

When the new owner bought the restaurant. I had worked 4 him a few days before they closed 2 remodel. When they did close they had told us that when they re-open we would still have our jobs. I was suppose 2 be hired as manager. A few months passed. By then I had a new job, but when I was contacted by them saying they were about 2 reopen I gave my notice 2 the job I was at. So I could work full time at the restaurant. Since they had said I had a job with them. That is when I went to the orientation and went through the 2 week training. After the 2 weeks I was called 2 go in, the next Monday in the am.I worked 2 hours and was told 2 go home because it was not that busy. So I did and that was the last time I worked there. I keep calling and going down 2 talk 2 them and they keep telling me that they will call me but they never do. Its been over a month. I had 2 sell some of my family jewelry just 2 make rent because I keep waiting on them 2 call. Is there any legal action hat I can take?

Asked on September 28, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First  of all, if you were given an employment contract or had a union agreement that provided you with some protection under the circumstances, then you would have a claim. Also, as in yourc case, you left another job for this one then since you did something significant to your detriment in reliance on their promise of employment, you could possibly hold them accountable for that promise. At this point, you should speak directly with an employment attorney about your options. The relevant legal theory here is called "promissory estoppel" (being stopped from denying a promise), also known as "detrimental reliance" (since you have relied to your detriment).


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