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legal to cancel layoff?

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M

metamorph

Guest
What is the name of your state? california

About four weeks ago I went to work. Upon arrival I looked at work schedule and noticed that was the only day I was scheduled to work for that week and I was not scheduled to work any days on the following week. Later, on the same day, my manager approached me at my work station, and informed me the company is cutting back hours gave me the options of going on-call or to be laid off.

I told him I would prefer to go on-call and asked if there was a possibility to work at least one day out of the month. After hesitating to accept my answer, he told me that being laid off meant I could collect unemployment insurance. He then wrote my phone number down and said he would have to get back to me regarding my decision to go on-call.

He went back to his office and I continued my work. On my way home that same day I thought about the options I was given earlier about layoff and concluded that it was best if I was laid off, since manager seemed very dubious of having any hours available for me if I went on-call. So, I called him at work and told him I had reconsidered his offer and accepted the layoff. He confirmed the layoff over the phone and told me to expect a call within a couple of days so that I could come into work to complete necessary paperwork. According to my phone conversation with manager it was on that day, I knew I no longer had a job.

After a couple of days of waiting, I called manager to inquire about my final paperwork and paycheck, his response was that he was still working on it and that he would call me when it was ready. It’s been twenty-nine days since my layoff and I haven’t received my final paycheck, nor have I received any paperwork to finalize my layoff.

Yesterday I called him again, after I asked what was going on, he nervously told me that company policy had changed and that he could not involuntarily terminate anyone without approval from corporate payroll office first and that he was still waiting to hear from them. According to the message he left me on phone since I went out of town, he says that I can remain an employee till I return. All this time I knew I had been laid off. Now he seems to have taken his lay-off back because he apparently was not supposed to lay me off without corporate approval first.

What are my rights and options in this situation?

-N
 


JETX

Senior Member
"What are my rights and options in this situation?"
The only right you have that appears to have been violated is in their not paying you promptly for the actual hours worked. Their not calling you back or even getting 'confused' as to lay off or not is not a violation.
 
M

metamorph

Guest
JETX said:
"What are my rights and options in this situation?"
The only right you have that appears to have been violated is in their not paying you promptly for the actual hours worked. Their not calling you back or even getting 'confused' as to lay off or not is not a violation.

Thanks for response.

My main concern is due to layoff not being finalized, as I don't know what procedures one goes through when laid off. I feel now that manager is aware he is in trouble for involuntarily terminating me without proper approval from corporate office, he wants to say I was not layed off, even though he verbally confirmed with me. :confused:
 

Beth3

Senior Member
The answer to your question is "It doesn't matter." You are not working because of a decision your employer made to reduce or eliminate your hours. Whether your status had been changed to on-call or layoff, you are eligible for unemployment benefits and you should apply immediately. If you are on call and sporadically work for the company, then all you need do is report those wages to the UC office when you work.

Assuming you participated in the company's group health plan, they must provide you notification of your rights to continue coverage (i.e. COBRA.) I suggest you contact corporate HR/payroll and inquire about your paycheck, COBRA notification, and your employment status. And start looking for a new job as well.
 
M

metamorph

Guest
Beth3 said:
The answer to your question is "It doesn't matter." You are not working because of a decision your employer made to reduce or eliminate your hours. Whether your status had been changed to on-call or layoff, you are eligible for unemployment benefits and you should apply immediately. If you are on call and sporadically work for the company, then all you need do is report those wages to the UC office when you work.

Assuming you participated in the company's group health plan, they must provide you notification of your rights to continue coverage (i.e. COBRA.) I suggest you contact corporate HR/payroll and inquire about your paycheck, COBRA notification, and your employment status. And start looking for a new job as well.
Response greatly appreciated.

Fortunately this is my first time dealing with such a situation. I just submitted my wage claim form for my final paycheck and I applied for unemployment. Now I'm hoping the company doesn't deny my benefits.
 

Beth3

Senior Member
Unless they have some legitimate basis to claim your employment was terminated because you engaged in "willful misconduct," then there shouldn't be any problems.

P.S. The employer neither grants nor denies UC benefits. Those decisions are made by the State. An employer can only contest a claimant's eligibility and must also provide adequate proof that the employee is unemployed for a reason that disallows benefits.

Good luck to you.
 

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