How long can an employer legally keep you off the schedule before they have to let you go?

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How long can an employer legally keep you off the schedule before they have to let you go?

I have been working as a server for over a year and a half now. I recently got a new supervisor who changed the schedule without telling anyone. The schedule conflicted with my second job and even though I told my new manager he suspended me and told me to call the next week for the schedule. I tried calling for 3 days and could never get a hold of him. I was not in a position to go to the job when

he was there. When I told him that I have been trying to get ahold of him he said it doesn’t matter you didn’t talk to me in enough time. First, he told me I was laid off and then told me to call in Sunday for a schedule.

Asked on April 26, 2018 under Employment Labor Law, Nevada

Answers:

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

Answered 2 years ago | Contributor

There is no law on how long an employee can be off the schedule before they must be let go. That is unless there exists an employment contract or union agreement that specifies a specific period of time. The fact is that most work relationships are "at will" which means that a company can set the conditions of the workplace much as it sees fit (absent some form of actionable discrimination). That having been said, if your layoff continues for an unreasonable length of time, you may be able to apply for unemployment benefits based on "constructive termination".

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

Answered 2 years ago | Contributor

There is no law on how long an employee can be off the schedule before they must be let go. That is unless there exists an employment contract or union agreement that specifies a specific period of time. The fact is that most work relationships are "at will" which means that a company can set the conditions of the workplace much as it sees fit (absent some form of actionable discrimination). That having been said, if your layoff continues for an unreasonable length of time, you may be able to apply for unemployment benefits based on "constructive termination".


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