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They stopped scheduling me

by Denise
(Los Angeles, CA)

Can I file for unemployment if I stopped getting scheduled? On Friday I came into work and before I clocked in, a manager told me to go home since we were overstaffed.

As soon as I walked out of the building, I got a notification saying my shift for the next day was taken off the schedule. So, when I walked back in to ask the manager about it, he said he would call me that night.

It has currently been 5 days and I have yet to hear back from the manager and the schedule for next week, has been put out and I was not put on.

I've been working at this place with no issues and no write-ups and when I asked the manager, he said I was under investigation, yet didn't tell me exactly what the situation was.

So If You You Deserve to Receive Unemployment For a Substantial Reduction Hours Does Your Story Mean You're Concerned the Employer Is Setting You Up for When They Respond to the EDD You Were Fired for Misconduct?

Hi Denise

"I know management and the owner are known for firing people and not telling them; they just take them off the schedule." to mean you're aware you probably shouldn't choose lack of work as the reason for applying?

But, when I am in doubt of what direction to take, to just answer a question, I do at least try to force the need for objectivity onto the situation, even if that comes with an even larger dose of realistic expectation developed while I coordinated UI appeal hearings for employer.

Employees are generally not the victims of an unemployment department, unless you consider that an UI depts. expects our choices to made as reasonable human beings who may, or may not know how unemployment claims work after some important facts are established.

And for me, this frequently pertains to knowing it helps to created relevant documentation, capable of adding weight to relevant facts about the actual cause , or fault for the separation.

Fact is , this is quite possible for even employees to do before we quit, get fired .. or assume we were basically laid off from a job due to a reduction in hours.

So, if someone, such as yourself, tells me aren't
guilty of even an "unknown" act of misconduct, it doesn't keep me from wondering how you will plan to prove / rebut, that later at a hearing, so the employer can't sustain guilt of work related misconduct in California if they happen to appeal benefits .. or you need to appeal to get benefits.

Rebut what .. in your case, seems to be now, whatever your employer chooses to relate your separation with to an actual issue of UI laws in CA.

Even if the only issue of concern to the employer involves avoiding your ability to establish you merely the victim of a clever method this employer may use frequently to offload it's overstaff because it works to help them avoid the responsibility of higher UI taxes, if you get any partial unemployment benefits because of the employer's need to substantially reduce hours and that is what run contrary to the original terms of your hire when you accepted the job as being suitable for you to work.

It's clear to me what may be happening to you is just common ruse that has likely proven itself to work wonders and has become a strategy refined over time to sidestep the higher cost of fault when an employer gets the blame .. and despite what may be the actual facts surrounding the separation .. a claimant can't prove.

The sad part for me is when I see the word "management" I just think .. ah a boss or .. other employees who actually get what it means to serve and work only for the best interest of an employer. But no employer, not even a small business owner, has the right to expect an employee to lie, or manipulate the cause of separation is what makes an employee, a worthwhile employee.

In the end Denise, I don't want you to be completely blindsided should the EDD ask questions pertaining to why you may of voluntary quit by job abandonment, or digging for what you might of done to deserve a discharge for misconduct, or ask why did you pick "laid off for a lack of work" .. if you knew before you filed for benefits, your employer had suspended you pending an investigation for a reason unknown to you at this point in time.

Chris -

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