Can a company take you off scheduling and not let you work but not fire you?

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Can a company take you off scheduling and not let you work but not fire you?

I am working at a fast food chain and I have been there almost 3 months and before they hired a new manager. I was working 5-6 days a week 5 hours a day. After the new manager started, I went down to 1 day a week, 4 hours that day. When I went in on my scheduled day to work and he has taken me completely off the schedule but has not fired me at all. I was wondering if it is legal for them to take me off completely without firing me?

Asked on October 3, 2016 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, it is legal: the law does not require a business to formally fire an employee; rather, they can legally reduce the schedule to nothing or essentially nothing without saying you are terminated. However, that does not mean that you cannot apply for unemployment benefits (assuming you are otherwise eligible): if an employer doesn't schedule you, they have "constructively," or effectively, fired you, even if they don't want to call it firing, and you should be able to apply for and get unemployment. And, of course, you can look for a different job.


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