Legal Question in Employment Law in California

hello,

My fiance has been working with a company for almost 2 years now. After having some HR issues with the new manager who came aboard, for the past year the manager has only put him on the work schedule either 1 day a week or not at all (my fiance already only worked part-time (4-5 hrs a day) 4-5 days a week). My fiance does already have a case open with the EEOC regarding this (9 months so far) but they are backed-up with other cases and said it could take up to a year before they can get to him. Within the past 3 weeks the manager had only put him on the schedule 1 day and the night before he was to go in to work, the manager had the assistant manager call and leave a message stating the manager cut my fiance's hours and for him not to come in at all, but when I went into the store there were plenty of people working that day. Their hours were not cut.

My question is...with the manager not putting him on the schedule like this, does my fiance consider himself to be fired?


Asked on 6/10/10, 1:11 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

1. EEOC does not but in rare cases actually take legal action for claimants. They have hundreds of thousands of claimants filing; look at your case number for an indication. You should have requested joint filing with CA DFEH. You'll get your Right To Sue / Case Closure letter in due time, or you can ask for it now. You can then hire an attorney to file a lawsuit, if the case has substantial merit, value, and collectability. If so, and if you have good witnessed, evidence and proof this is due to illegal discrimination under EEOC rules, then feel free to contact me.

2. If he was full time and has been substantially reduced, he can file for EED benefits, and can treat this as constructive termination justifying him quitting under proper circumstances. Consult with counsel before taking any rash action.

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Answered on 6/10/10, 5:26 pm


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