If I work as a part-time employee at a retail store, is my manager legally allowed to give me 0 hours 4 weeks in a row?
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If I work as a part-time employee at a retail store, is my manager legally allowed to give me 0 hours 4 weeks in a row?
I was reading something about constructive discharge/dismissal. Would that by chance apply to this situation. He has been giving hours to others who don’t do half of what I do in the store. This lack of hours seemed to start happening when I questioned his distribution of hours because they were being unfairly distributed.
Asked on January 25, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are two different issues in your question:
1) Can your manager give you no hours? Yes--just as he could suspend you, or simply fire you entirely, if he chose, so long as you do not have a contract protecting your employment or guarantying your hours.
2) Might it be the case that you have been constructively discharged? Yes--constructive discharge is when someone is not officially fired, but receives no work (or it is made impossible for that person to work). When that is the case, the person may be eligible for unemployment compensation, if he or she otherwise meets the criteria.
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