Is it legal for my employer to take me off the schedule for 4 days without notice then deny to tell me if I have been terminated or not?
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Is it legal for my employer to take me off the schedule for 4 days without notice then deny to tell me if I have been terminated or not?
Asked on January 11, 2013 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The fact is that in an at-will employment relationship, an employer has the right to set an employee's hours (and any other condition of employment) as it sees fit, with or without notice. While unprofessional it is not illegal. That is unless this action is prohibited by virtue of the terms of company policy, a union agreement or an employment contract. Also, no form of actionable must be the reason for your treatment.
As to whether or not it must inform you if you have been terminated, it typically is under no duty to do. However, after a reasonable length time, if you still have not been brought back to work or fomally discharged, you will be deemed to have been "constuctively disharged". At that point, depending on the specifics of your situation, you may or may not be eligilbe to collect unemployment benefits.
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