Legal Question in Employment Law in California

I'm curious about the laws reguarding seasonal workers. I work as a propane delivery driver during the winter and drive a cement mixer in the summer. The only information I could find for seasonal workers was in the Migrant and Seasonal Agricultural Worker Protection Act. I'm not a migrant and I'm not an agriculture worker.

My problem: I was given an end date of 2/18/11. I was informed on 2/15/11 that it was extended 2 weeks until 3/4. On 3/1 again I was informed that it would extended another week until 3/11/11. On 3/8 I was again told my end date was moved another week to 3/18/11. I told my manager I wanted and firm end date so I could make plans for a vaction. He replied he could offer me the full time position(which he knows I don't want because of my summer employment) so I would have to turn it down. He said it would screw my unemployment for refusing work.

My questions: Can I request a firm end date? Is he able to have my unemployment benefits denied because I don't want to work there full time and refused the work he offered? Is my manager in violation of any laws by saying he could "screw me" out of my unemployment benefits?

thanks

David


Asked on 3/09/11, 10:44 pm

1 Answer from Attorneys

He is completely right. You can't turn down work and then claim you were laid off or fired without cause to qualify for unemployment. Sorry about your vacation, but there are people out there who really are involuntarily unemployed. If you choose to turn down work or walk away because they won't give you a firm end date, you are not entitled to unemployment. That's the law and it is sound public policy.

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Answered on 3/09/11, 11:02 pm


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