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In California, my employer called me 2 hours after my shift ended and tells me there is no more work for me?
I work in construction. I was called after shift on Thursday and told I was not needed the next day, and would be called when more work comes up. It is a week later. I called my supervisor on Monday and left a message regarding my availability I have not heard anything back, and I have not been paid. I called again Wednesday and asked what is my employment status. Supervisor says they have no work, but will call me if something comes up. I asked if I was fired or laid off Supervisor did not give a straight answer, repeating work is slow and there is no work for me. I have not received my final paycheck or notice of change to employment relationship . It is obvious to me I am laid off, no work, but they wont tell me or give written notice of termination as required by law. What should I tell EDD as to why I am no longer working as asked on the unemployment insurance claim form? I know the employer is liable to me for not paying me promptly when told no more work available I am told I will be called "if something comes up" This is a large multi million dollar national construction company. They know darn well what is coming up and when
I am an hourly employee.
@ A Hunch, there are several laws. I must be paid immediately at termination and provided several notices, you must really suck at your job!
California Unemployment Insurance Code 1089
California Labor Code Section 2808(b)
California Labor Code Section
Federal Requirements
For employers with 20 or more employees, a Consolidated Omnibus Budget Reconciliation Act (COBRA) notice and election form
A Health Insurance Portability and Accountability Act (HIPAA) certificate of group health
4 Antworten
- A HunchLv 7vor 7 Jahren
The only law in the USA that governs layoffs is called the WARN Act (Workers Adjustment and Retraining Act). Since this is not a mass layoff, you are not covered by this law. There is no requirement that you have to be given any formal notification of your layoff/termination status (you are incorrect about a law about this).
Since you have not been formally terminated, you will be paid on your next scheduled pay date.
As for any benefits the company provides, I would contact the human resources/benefits department to see how this will be handled.
What do you tell EDD? What you say here: That you were told that there was no work available at this time.
Note: I'm very good at my job and am recognized by many organizations. However, I provided you the information that was relevant.
- If you were terminated, you must be paid immediately. The company has not terminated you. You are just being told that there is no work and you are still on the payroll. Thus, they don't have to pay you immediately.
- Yes, you will be eligible for COBRA. That is why I suggested that you contact your benefits department to find out what's up. But since you are still on payroll, it's not likely an issue yet. When you are terminated, this notice will come through the mail, not be given to you as you walk out the door.
- HIPPA: the "portability" portion of HIPPA is no longer relevant with the Affordable Care Act. Just so you know, it's two Ps and one A.
- You can apply for unemployment now, even though you have not been officially terminated.
- I understand your frustration. However, the way you act does not look highly on you. Were you let go because of your know it all attitude when you don't know it all?
Quelle(n): HR Executive in CA. - ShayLv 7vor 7 Jahren
If you are paid on a payroll check with taxes taken out, then you are an employee and not a hired contractor.
Do not use "voluntarily dismissed" on the forms. That makes it sound like it was your idea to leave or to take a lay-off. Instead, write it as "involuntarily laid off". This is closer to the real situation.
- SlickterpLv 7vor 7 Jahren
They have to pay you, they have no obligation to give you written notice of your status.
You aren't terminated if they will call you when work comes up. No law requires written notice of termination. Hunch is correct, you are not terminated, you get paid on pay day.
- vor 7 Jahren
Are you employed as an independent contractor or an employee with this construction firm? I would write down that you were "voluntarily dismissed" on the form.
