Legal Question in Employment Law in California

my employer okay'd my schedule for the month. then

changed her mind about the times on thursday evenings.

i am a single dad and have to be home for my kids. i

could not change that. i was terminated because i could

not full fill the job requirments? i applied for unemployment

insurance and have been receiving benefits for 6 weeks

and now my employer is appealing the EDD decision. not

sure what to do? have not found a job and if they

discontinue my benefits i will be in big trouble and if they

ask me to repay past benefits i will be in even more

trouble. any advise?


Asked on 7/28/10, 4:09 pm

1 Answer from Attorneys
Raven Sarnoff

Your employer is permitted to fire you where, as here, you can�t work the schedule it needs you to, even if it is due to child care responsibilities. However, if your employer makes scheduling accommodations for WOMEN with childcare responsibilities, but not men, that is unlawful gender discrimination and you should contact an employment attorney right away.

As for unemployment, in general, you are entitled to receive unemployment benefits if you were laid off or involuntarily terminated, so long as you were not terminated for serious misconduct. I don�t know on what grounds they are appealing your unemployment, but so long as you were involuntarily terminated for the reasons you described, you should be able to win your appeal. Good luck.

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Answered on 8/02/10, 4:43 pm


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