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No schedule after vacation??? California

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  • No schedule after vacation??? California

    I have worked for my employer for 2 years. Average 30 hours per week. I recently took a 2 week unpaid vacation. I requested the time off two months before and it was approved. When I my vacation was over I came back to work for my normal shifts. The first day no one said anything to me. It was a normal day at work. The next day I was sent home an hour early due to business (also normal).

    The next day I arrived at work and a coworker who doesn't normally work that day was there. I went to the back and talked to the owners wife and she said she didn't know anything about it and to call to ask.
    I called the owner of the business and he said he hasn't redone the schedule yet and I wasn't needed that day. He said he was planning on rewriting the schedule and he would call me when it was finished.
    I said OK and went home and waited for a call. Didn't get one. I called the next morning to see if i was working my normal shift and the manager said he would call me back. He called right back and said, "He said he doesn't have a schedule for you yet. he said he'll call you."

    It's been three days now and when I call I get the same answer. What do I do?

  • #2
    Start looking for new employment?

    I'm not sure what you're looking for. The employer does not appear to have done anything illegal. He is not obligated to put you on the schedule.
    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.

    Comment


    • #3
      So employers don't have the responsibility to notify their employees when hours are cut? No explanations?

      At my place of employment we have a set schedule. It doesn't change week-to-week. I requested vacation. Exactly two weeks. I was due back on a day and I returned on that day. No one has spoken to me about my employment beyond, "We'll call you when the schedule is rewritten." No time frame. Just a statement. I have worked here for 2 years and this is not usual behavior.

      We have 15 people on payroll and I'm the only one off of the schedule and no one has told me why. Was I fired? Am I on-call now? Am I being disciplined for something I'm not aware of? My employer is allowed to brush me off and not tell me why?

      I was working 30 hour work weeks before this. I'm just asking what my rights are.

      Comment


      • #4
        Your employer can change your schedule at any time unless you have a binding
        employment contract to the contrary.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          So employers don't have the responsibility to notify their employees when hours are cut? No explanations?
          No, your employer has no legal obligation to tell you when your hours are cut or to give you an explanation.

          Going on vacation is not a protected right. If your employer discovered while you were on vacation that he didn't need as many people on board as he had, and since you were already off the schedule on vacation and he left you off, that's 100% legal.

          Was I fired? Only your employer can say for certain but if he's talking about re-writing the schedule it would not seem so.

          Am I on-call now? Again, we have no way of knowing.


          Am I being disciplined for something I'm not aware of?
          Same response.

          My employer is allowed to brush me off and not tell me why? Yes. Your employer is allowed to brush you off and not tell you why.

          One suggestion I can make to you. You can contact the EDD and file for unemployment benefits. You do not have to be officially fired or even notified of a suspension/layoff/what-have-you before you can file; since you are not being paid you have the right. You might or might not be approved for benefits but it might light a fire under your employer to respond to you and/or the EDD when the EDD contacts him. If he contests benefits, he will have to give the EDD a reason even though he does not need to give you one. And if he does not contest benefits, you will know that you are fired.
          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.

          Comment


          • #6
            I might mention there is a one week waiting period for UI benefits in Ca.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              All the more reason to file now, to get that waiting period out of the way.
              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.

              Comment


              • #8
                I am not saying that is what is happening here, but it is not uncommon for employers to just not schedule employees for work that they want to get rid of. The hope (for the employer) is that the employee will not file for UI. Which is why the UI requirements do not include the employer saying the magic word "you are terminated" but are rather based on the combination of greatly reduce earnings and no fault of the employee.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  Originally posted by cbg View Post
                  All the more reason to file now, to get that waiting period out of the way.
                  Agree but I was just saying & it's "possible" the employee could be back to work before
                  a week is up so would get no benefits.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    Thank you for your responses. It's helped me keep a level head this week. I appreciate it. I called and told him I was going to apply for unemployment and he gave me 12 hours. I have started looking for a second job because that's not nearly enough.

                    Can I still apply for unemployment to supplement the difference in pay until I find a second job?

                    Comment


                    • #11
                      You can apply for UI when there is a reduction in hours/pay. The state will
                      decide if you qualify.
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment

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