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Employer refusing to give hours

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coton

Junior Member
California - I received a one month suspension from my employer for missing a meeting, it's now been two months since then and the employer refuses to schedule or contact me, I was never fired and still legally work for them and the suspension has been over for just over a month now, this is preventing me from filing for any unemployment or EBT and is keeping me from getting hired at another job, my income for two months now has been $0.00, is it possible to take the employer to court or receive any form of compensation from them for this?
 


Proserpina

Senior Member
California - I received a one month suspension from my employer for missing a meeting, it's now been two months since then and the employer refuses to schedule or contact me, I was never fired and still legally work for them and the suspension has been over for just over a month now, this is preventing me from filing for any unemployment or EBT and is keeping me from getting hired at another job, my income for two months now has been $0.00, is it possible to take the employer to court or receive any form of compensation from them for this?


Your employer is not obliged to schedule you at all unless you have a contract or some other agreement promising a minimum of X hours per Y period.

You can, incidentally, file for UI.
 

commentator

Senior Member
You should have filed for unemployment insurance as soon as you had been out of work for a week. Suspension or termination, it doesn't matter, if you haven't worked, then you need to file for benefits. FILE FOR THEM RIGHT NOW, immediately. Hey, you're fired. You've been fired for several weeks. If they want to say, when contacted, that you are only "on suspension" then you're still entitled to unemployment insurance for time off work without pay.

What would stop every employer from suspending all employees instead of firing them, and keeping it where they never could draw unemployment benefits? This is the monetary benefit you were always entitled to. Unfortunately, you will not be able to file and be paid for the weeks you've been out of work before you filed the claim. The clock only starts running after you file. So file right away. You may be called back to work when this notice you've filed hits the company, but there is no way they can determine whether or not you've been terminated or separated for good cause until you do file.

By the way, if they try to call you back at a much lower pay rate, or a different job, or without benefits, or only give you a few hours a week, go on and file anyway, they're trying to force you to quit.
 

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