Legal Question in Employment Law in California
can I get fired for filing for unemployment
I am a pt employee at a banquet facility. There are banquets year-round but the summer season is definately much busier than the rest of the year. Because we got less business than usual this winter, my supervisor urged us to apply for unemployment. When we did, one of us received a call from the owner stating that if unemployment comp were pursued, the employee would be terminated. The other did not receive the same threat, but upon filing (and receiving) unemployment, neither employee was ever scheduled again. Is this legal?
2 Answers from Attorneys
Re: can I get fired for filing for unemployment
If the refusal to schedule the employee is because the employee filed an unemployment (UI) claim, it may be unlawful discrimination. You should discuss in detail with an experienced employment attorney.
Re: can I get fired for filing for unemployment
This may be a bit tricky as you may have been an "on-call" employee, right? (Former banquet bartender here myself...I know one place I worked even called everyone independent contractors, which makes it even harder to get unemployment or to claim termination.)
However, the phone call is strong evidence that the owner wanted to intimidate the employees not to file for unemployment and the lack of scheduling does seem to be some type of termination.
I would recommend you call an employment attorney for a more thorough consultation.
-- Amy Kleinpeter
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
