Can I obtain unemployment if my employer refuses to schedule me for work?

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Can I obtain unemployment if my employer refuses to schedule me for work?

I worked as a hotel housekeeper for 2 years when the hotel found bedbugs in the rooms. My employer informed me that they would let me know when I could return to work. In the past 2 weeks, I have called and went in to work and was informed that I was not fired or laid-off, but they scheduled other housekeepers to return to work. Can I file for unemployment in OH due to my employer not scheduling me to return?

Asked on November 21, 2010 under Employment Labor Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Listen, I would try and file.  If you have proof that you were not scheduled then although you may not have been "formally" terminated you have for all practical purposes.  See what happens.  Certain states have even enacted laws that allow you to file for unemployment when your hours are cut as well in order to make ends meet.  If the employer fights the unemployment then ask for your "day in court" so to speak. But filing may just be enough to prompt them to place you back on the schedule for regular hours.  You have not done anything to warrant this cut back, correct?Through no fault of your own is the language that they use in the law.  So file.  Good luck.


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