My employer wants me to work full time instead of part time. Because I cannot, they are looking for someone else.

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My employer wants me to work full time instead of part time. Because I cannot, they are looking for someone else.

Is this a lay off? They are saying it is not.

Asked on September 14, 2018 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

If you refuse or decline to work the hours that your employer wants to schedule you for that constitutes quitting; a layoff is when your employer does not schedule you to work at all. Accordingly, you will not be eligble to collect unemployment compensation. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, that is not a layoff. If you refuse to work the hours the employer wants you to work, that is quitting or resigning; as such, you are not entitled to unemployment benefits. It is a layoff when the employer takes your opportunity to work away; it is quitting or resigning when you refuse to do the job offered to you.


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