Legal Question in Employment Law in California

I'm researching this for my friend: can an employer does this? He's still is on the book as an employee, but they won't schedule him to work. Only answer from them is there isn't opening. They've done this for 2 months. They won't fire him and he doesn't want to quit. They said they won't fire him because they don't want pay unemployment ins. Is what they are doing legal? Does he have any rights? He now has no income and needs to find a Pro Bono answer.


Asked on 9/27/12, 1:56 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Legal? Yes. He can quit and try to get unemployment benefits on the theory that this is a 'forced quit'. No guarantees.

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Answered on 9/27/12, 2:05 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Tell your friend he does not have to quit. If he is not working for more than a week, he should be eligible for unemployment benefits because his employer is not allowing him to work, even though he is available to work. He should apply, but he must be absolutely truthful and explain to the EDD exactly what is going on.

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Answered on 9/27/12, 2:12 pm


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