If I got hired about a month ago and got through training but I still haven’t gotten hours, can I take any legal action?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I got hired about a month ago and got through training but I still haven’t gotten hours, can I take any legal action?
When the new owner bought the restaurant. I had worked 4 him a few days before they closed 2 remodel. When they did close they had told us that when they re-open we would still have our jobs. I was suppose 2 be hired as manager. A few months passed. By then I had a new job, but when I was contacted by them saying they were about 2 reopen I gave my notice 2 the job I was at. So I could work full time at the restaurant. Since they had said I had a job with them. That is when I went to the orientation and went through the 2 week training. After the 2 weeks I was called 2 go in, the next Monday in the am.I worked 2 hours and was told 2 go home because it was not that busy. So I did and that was the last time I worked there. I keep calling and going down 2 talk 2 them and they keep telling me that they will call me but they never do. Its been over a month. I had 2 sell some of my family jewelry just 2 make rent because I keep waiting on them 2 call. Is there any legal action hat I can take?
Asked on September 28, 2017 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
First of all, if you were given an employment contract or had a union agreement that provided you with some protection under the circumstances, then you would have a claim. Also, as in yourc case, you left another job for this one then since you did something significant to your detriment in reliance on their promise of employment, you could possibly hold them accountable for that promise. At this point, you should speak directly with an employment attorney about your options. The relevant legal theory here is called "promissory estoppel" (being stopped from denying a promise), also known as "detrimental reliance" (since you have relied to your detriment).
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.