What should I do if my employer has stopped scheduling me?
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What should I do if my employer has stopped scheduling me?
I have been working at my part-time job for 7 months, recently they just completely stopped
scheduling me. I haven’t been working for about a month now. I have some co-workers that have told me my supervisors said I was on vacation, however I haven’t been getting paid nor did I ask for a vacation. I haven’t worked enough for vacation hours, I’m at a loss.
Asked on July 24, 2016 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Unless this action violates an employment contract or union agreement, or in some way constitutes some form of legally actionable discrimintion, no law has been broken. The fact is that most employment is "at will" which means that a company can set the terms and conditions of employment much as it sees fit. This includes who to schedule to work. That having been said, you can claim "constructive termination" and file for unemployment. Based on the facts presented, you should quality for benefits.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Consider yourself terminated (or at least suspended) and apply for unemployment benefits, if you are otherwise eligible. Your employer has complete control over whether, when, and how often to have you work--you can't force them to schedule you. But if you are not being scheduled, then you have effectively been terminated or suspended and may be entitled to unemployment benefits, at least on an interim basis (i.e. until they reschedule you).
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