Is it illegal to not give employees hours?

Question

At my work, instead of firing or laying people off, the managers will just give them zero hours (so they are still on the payroll) until they quit on their own. I think they do this so the employees can't collect unemployment. Is this legal? By the way, I live in California.

Also, most of the time they don't even tell you why you're not gettng any hours. They pretty much keep it a secret from you. You don't even have to get written up before you notice they're not scheduling you even though you're still on the payroll.

Also, if I have a case, how could I prove that I haven't been getting any hours? I don't keep a copy of every week's schedule.

I work part time. They also sometimes change my schedule (cut out some of my hours) and not notify me of it, so I end up driving to work only to get sent home.

Answer 1

Get a different job. OR be a better worker when you are there so they will give you hours.

Answer 2

Well, your not going to be able to collect unemployment from a part time job anyway, even if they let you go.

You won't have worked enough hours to qualify.

You don't need a schedule to prove it.

They can just look at your pay checks and determine the hours worked.

Your best bet, is to just get another job.

But you can contact the California Department of Labor and try a press a case.

But be warned, this can cause other employers who find out about the case, to not hire you.

Part time employess don't have as much legal protections as full time employees do, especially if you were not working a set number of hours every week to start with.

Answer 3

If you have been working steady hours and suddenly your hours are dropped, you can collect unemployment, especially if you have zero hours. Just call your local unemployment office and they will tell you what you are eligible for. I was working at a job once where we were over staffed and some of us got less than 20 hours a week. One week I had no hours so I filed for unemployment and yes, I was eligible and I got it. You cannot get it if you get fired or quit, but lack of hours is the same as getting layed off because you are not working and they didn't fire you and you didn't quit or refuse work.

Answer 4

You may file for reduced hours, it is the same as being laid off. You just report what you work during the week you are claiming, if any. It is possible your employer may fire you for filing, although it's not very likely the reason they would give you.

If your employer is being this sneaky then he would likely make up a reason for firing you and fight your UI, so make sure he doesn't have anything on you. But, yes, you will qualify for reduced hours.(depends on how much you worked in the first four out of the last five quarters, as to how much your benefits will be).

Just remember to report any work you do get and there is a 1 week waiting period for anyone who files.

Good luck.

Answer 5

In California as a full time Employee they are required to give you 35+ hours. Also if you are scheduled to work they can not force you to go home, unless it is disciplinary. Just to be sure though you might want to talk to a lawyer about it. you don't need a schedule, just your pay stub that says you are getting no $$.

Answer 6

In California you guys certainly have a case and could possibly get millions of dollars. Good luck. I'm pretty sure you can even get unemployment for not getting enough hours.

In any case serve them some papers and im sure they will change the attitude one way or another. In California this kind of thing is no joke. I have seen people walk with millions over stuff like this.

Answer 7

Yes this is illegal.............

Working time refers to the period of time that an individual spends at paid occupational labor. Many countries regulate the work week by law, such as stipulating minimum daily rest periods, annual holidays and a maximum number of working hours per week.

There is labor laws that prohibits the employer from doing this, my advise would be to seek legal advise and file unfair labor dispute.

http://www2.ucsc.edu/cruzpay/tktoolbox/tsaudit.html

http://www.dol.gov/dol/allcfr/ETA/Title_20/Part_614/20CFR614.25.htm

Regarding unemployment compensation

You can file unemployment for at anytime you receive zero hours.............that is consider a lay off, or work shortage.

CA lawyers would know more.

Good Luck!

Answer 8

Lots of states now are right to work states where unless specified in your job description your employer can give you any or none at all hours...however you do not have to be unemployed to collect unemployment benefits and starting a claim with them may become more of a hassel to your employer then its worth and he'll either fire you or give you more hours

Answer 9

I've really no idea about the intricacies of California state employment law so couldn't say for certain one way or the other.

But, put more simply.....it sounds more like a form of deception than anything else and generally you find the law has something to say about deception.

Personally, I'd be asking this question of someone in authority....not here.

Answer 10

You should talk to a lawyer.