Taking off the schedule

UPDATED: Oct 1, 2022

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Taking off the schedule

My employer has cut my hrs
stating she had to cut 50hrs.
But has scheduled a new
employee in my hrs. Has not
scheduled me all week when i
was a 40hr. A week employee

Asked on October 11, 2018 under Employment Labor Law, California


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

Answered 4 years ago | Contributor

Unless your treatment is due to some type of actionable discrimintion or unless it violates the terms of an employment contract or union greemnt, you have no claim here. The fact is that most employment is "at will" which means that a company can set the conditions of the workplacemuch as it deems appropriate. Accordingly, you can be scheduled for as many hours as your boss sees fit. However, if you are not at some point given work, then you might be able to claim "constructive discharge" and file fr unemployment benefits.

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