Is it legal for an employer keep an employee listed as employed without scheduling them for over a month?

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Is it legal for an employer keep an employee listed as employed without scheduling them for over a month?

My brother is still listed as employed but has not been scheduled since late for going on 2 months. He is still unable to file unemployment.

Asked on January 8, 2012 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If an employee is not working and does not have reasonable prospects of working, he may be "constructively terminated" even if the company doesn't want to call him terminated. (For example, they don't want the impact of additional unemployment.) You brother should file for unemployment on the grounds that he has not had any work for two months. If it is denied, such as because the employer claims he's still employed, he can appeal, and should focus again on how long since he's had work and the fact that there's no "restart" date for his work. If he needs to appeal, he would greatly increase his chance of winning by hiring an attorney with experience in unemployment appeals.


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