What is my recourse if someone else is doing a job I was told is no longer available after I have been laid off?

UPDATED: Sep 30, 2022

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What is my recourse if someone else is doing a job I was told is no longer available after I have been laid off?

Yesterday morning, the boss a small business owner told me that they were making some changes and that there was no work for me to do so to go home and wait for him to call me when there was work. He asked for my store key to give to the guy I have been training as

Asked on April 4, 2017 under Employment Labor Law, Texas


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

Answered 5 years ago | Contributor

The fact is that you may have no recourse here as to our time off. This includes who to schedule to work and who not to schedule. The fact is that an employer can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). Accordingly, unless you have an employment contract or union agreement that provides you protection in this situation, there really isn't anything you can do for right now. That having been said, if your time off extends for several weeks or more, you may qualify for unemployment by claiming "constructive discharge". To be certain of your rights you may want to consult directly with a local employment attorney or contacting your staet's department of labor.

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.

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