What should I do if my employer has stopped scheduling me?

Get Legal Help Today

 Secured with SHA-256 Encryption

What should I do if my employer has stopped scheduling me?

I have been working at my part-time job for 7 months, recently they just completely stopped

scheduling me. I haven’t been working for about a month now. I have some co-workers that have told me my supervisors said I was on vacation, however I haven’t been getting paid nor did I ask for a vacation. I haven’t worked enough for vacation hours, I’m at a loss.

Asked on July 24, 2016 under Employment Labor Law, California

Answers:

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

Answered 4 years ago | Contributor

Unless this action violates an employment contract or union agreement, or in some way constitutes some form of legally actionable discrimintion, no law has been broken. The fact is that most employment is "at will" which means that a company can set the terms and conditions of employment much as it sees fit. This includes who to schedule to work. That having been said, you can claim "constructive termination" and file for unemployment. Based on the facts presented, you should quality for benefits.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Consider yourself terminated (or at least suspended) and apply for unemployment benefits, if you are otherwise eligible. Your employer has complete control over whether, when, and how often to have you work--you can't force them to schedule you. But if you are not being scheduled, then you have effectively been terminated or suspended and may be entitled to unemployment benefits, at least on an interim basis (i.e. until they reschedule you).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption