What can I do if my employer took me off the schedule instead of firing me to keep me from receiving unemployment?

UPDATED: Oct 1, 2022

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What can I do if my employer took me off the schedule instead of firing me to keep me from receiving unemployment?

I worked for safeway for over a year and a half throughout that entire time of employment I had been tardy a few times and had been absent a total if 4 days, 2 of which were excused and we’re backed up with documentation stating the reason for missing work. The other 2 times were unexcused. The cause for this legal question comes as a result of the situation that day of the 2nd unexcused absence. On this day I called my employer to let her know I could not make it to work that day because my fiance had stolen my car and I had no way to drop my daughter of at her babysitter and get into work My manager responded to this by saying that they could not continue to put up with my absences and tardiness and that it had been greatly affecting my performance at work I then told her that I would really like an opportunity to fix it and try harder from here on out but that I understood her decision and I asked when I would be able to come pick up my final check and she told me I would get my check at the same time every other employee got paid regularly and I reminded her that when a employee is fired there is a specified time in which they were required to have my final check ready for me. She then told me that she wasn’t

Asked on November 29, 2017 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can apply for unemployment. Employers don't have to say the magic words "you're fired" to fire you: employees may be fired by actions, too, such as not being scheduled, having access to the workplace cut off, being told to go home  and then not told when or whether to come back,etc. If you are not scheduled for work ever, you have been fired. Let your employer, if she wishes to contest this, challenge your claim and then try to convince the unemployment office that you are still working there despite never being scheduled for work.

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