What can I do if my employer stop scheduling me to come in to work but has not officially let me go?

I have been working full-time for years at my place of employment. Recent management changes have occured and I suspect my employers would prefer that I submit my resignation. They have not scheduled me to work but they have not fired me, either. I would like to move on and would like help with unemployment benefits but can’s until I’m officially terminated. What can I do? What are my options?

Asked on July 14, 2012 under Employment Labor Law, California

Answers:

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

Answered 8 years ago | Contributor

First of all, I'll assume that you have done nothing to warrant this lack of hours. That being the case, if you have proof that you were not scheduled, then although you may not have been formally terminated you may be condsidered to be "constructively discharged". In fact, some states have enacted laws that allow you to file for unemployment even if you are scheduled to work but when your hours have been severely.

So, go ahead and file a claim; if need to you may need to further explain your situation and show them the proof that you have regarding not being scheduled. If your employer tries to object, then you can fight it (and hopefully win). The fact is that filing may just be enough to "encourage" them to place you back on the schedule for regular hours.


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