If my boss took me off the schedule but didn’t tell me that I’m fired and whenever I call or try to get ahold of him he ignores me, what do I do?

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If my boss took me off the schedule but didn’t tell me that I’m fired and whenever I call or try to get ahold of him he ignores me, what do I do?

So I asked my boss for one day off because I had to wear a heart monitor for 24 hours (it was just to check it my result came out fine). After that he took me off the schedule completly and whenever I try to call or text he ignores me.I got a hold of him once and he said I wanted it off and I only told him 24 hours in advance. When I asked if he was going to put me back on he just ignored me again. I have not been working for 2 weeks now and within that time I have been trying everything to get a hold of him. At t his point, I’m just tired of it. I don’t want to work there but is there something I can do about this?

Asked on June 16, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can't force your boss to officially fire  you--or to commit to scheduling hours, either. What you can do is that if you are not receiving any work, you should be able to file for unemployment benefits on the ground that you were "constructively"--or effectively--terminated. An employer cannnot deny a terminated worker unemployment simply by refusing to give him actual notice that he has been fired. You should contact your state's unemployment office about filing.


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