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  • Furlough Law California

    This is happening in the state of California

    I have had a 5% pay cut which later led to the pay cut with a 4 day work week. I received some of the pay from the day I didnt work through a workshare program from the state. I am an hourly employee. Today I was told that I have to take a month long furlough starting tomorrow. I didnt know that the furlough can be issued to be consecutive. I was also told that there might be a day or so when there might be work available and to be ready to take it. I was not given any paperwork but I did sign a paper that stated that I was on furlough.

    Is this legal? Can the furlough exist with these conditions? I dont want to be on stand by. Im not sure what my options are.

    Any help is greatly appreciated

  • #2
    Yes, it is legal with such conditions. It really doesn't matter if you want to be on "stand by" or not. As long as you maintain the employment relationship, you are subject to the working environment as it exists. If you are receiving UI benefits for that period (and you should be able to) and you refuse work, expect your employer to protest your benefits for that workweek.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Since Im on a worshare program and Im still owed several weeks pay(edd is really backed up), will this be an issue when I file for unemployment? I still want to collect on the checks owed to me, and also want to collect regular unemployment.

      Also, since I was on a 4 day work week, will the UI benifits pay me for a 5 day work week or a 4 day work week?

      Thanks

      Comment


      • #4
        Shouldn't be a problem, no.

        Sorry, I'm not familiar with whether "workshare" in California works any differently than what other states call "partial benefit". California is not my state, but it is the state of other responders, so check back.
        Last edited by Pattymd; 08-21-2009, 07:03 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          California is my state but I have no familarity with workshare.

          I did a very quick webshare and came up with the following. It might not hard answer the question, but it does seem to be the correct state agency talking about workshare.

          http://www.edd.ca.gov/Unemployment/W...ing_Claims.htm
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Thanks for the replies. I have another question. Is there a time limit that my employer can put me on furlough? They said a month, but can they keep extending it out? Can one month straight lead to, say, 6 months straight? Im hoping that there is a limit.

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            • #7
              No, there is no limit. But you can apply for UI in the interim.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                I had a feeling that there wasnt. I asked because my employer told me that there was. The HR person told me that the time limit is 6 weeks, and that after that they would have to lay me off. They owe me around 3K in vacation time, and I feel that they are just holding on to my money as long as possible. Why else would they tell me that? I have feeling that thery are going to lay me off at the 6th week.

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                • #9
                  I am not familiar with the work sharing program myself, however it sounds like you have been laid-off. The DLSE has taken the position that if an employee is not given a specific date to return to work within the same pay period, that they are to be paid their final wages immediately. (Section 3.2.2 DLSE Enfc Manual, Opinion Letter 1993.05.04 and O.L. 1996.05.30)
                  "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

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                  • #10
                    Originally posted by mcarson87 View Post
                    I am not familiar with the work sharing program myself, however it sounds like you have been laid-off. The DLSE has taken the position that if an employee is not given a specific date to return to work within the same pay period, that they are to be paid their final wages immediately. (Section 3.2.2 DLSE Enfc Manual, Opinion Letter 1993.05.04 and O.L. 1996.05.30)
                    Wow, thanks for the link. I was not given a definite date to return to work. I was told 4 weeks and at the maximum 6 weeks is what the furlough time will be.

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                    • #11
                      If I were you I would ask for my final wages from my employer in person. Keep a record of dates and names of whom you spoke with. This may be helpful later to show that you were not avoiding collecting payment. Then I would file a wage claim with the DLSE for waiting time penalties.

                      Keep in touch. I'd be interested to hear how things go. I'm in a similar situation right now with waiting time penalties.
                      "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

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                      • #12
                        Will do. Have you filed a wage claim with the DLSE?

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                        • #13
                          No, I haven't yet. I have the paperwork partially filled out but I have a few questions to ask so I may go into their office on Monday. I'm not sure what I am supposed to fill in for the "Gross Wages Claimed" since I have now been paid all wages as of yesterday. However, I wasn't paid at the time of discharge so I will be attempting to collect waiting time penalties. Oh, by the way, have you found the DLSE website? I didn't give you a link earlier, so in case you haven't: http://www.dir.ca.gov/dlse/
                          "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

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                          • #14
                            I plan to do the same thing on Monday as well. I want to make sure I have cause before I start asking for my pay. I think I read somewhere on this site that recently an employer was asked to pay an employee 4K penalty because the employee's finial paycheck was not paid within the allotted time frame when he was let go. That amount sounds good to me.

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                            • #15
                              http://www.dir.ca.gov/dlse/FAQ_Paydays.htm

                              An employer who willfully fails to pay any wages due a terminated employee (discharge or quit) in the prescribed time frame may be assessed a waiting time penalty. The waiting time penalty is an amount equal to the employee's daily rate of pay for each day the wages remain unpaid, up to a maximum of thirty (30) calendar days. Mamika v. Barca (1998) 68 Cal.App4th 487 An employee will not be awarded waiting time penalties if he or she avoids or refuses to receive payment of the wages due. If a good faith dispute exists concerning the amount of the wages due, no waiting time penalties would be imposed. A "good faith dispute" that any wages are due occurs when an employer presents a defense, based in law or fact which, if successful, would preclude any recovery on the part of the employee. The fact that a defense is ultimately unsuccessful will not preclude a finding that a good faith dispute did exist. However, a defense that is unsupported by any evidence, is unreasonable, or is presented in bad faith, will preclude a finding of a "good faith dispute". Labor Code Section 203 and Title 8, California Code of Regulations, Section 13520
                              "Reality is that which, when you stop believing in it, doesn't go away".
                              Philip K. **** (1928-1982)

                              Comment

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