Legal Question in Employment Law in California

I am employed at a restaurant. Up until three weeks ago, I was full time. There was an incident where in the asst. kitchen manager was fired, and he decided to call the Health department and labor board on us and we've halted production, mostly. We still operate two days a week. My hours dropped from 40 to 16. I have not seen a schedule in several weeks, and every day I think I'm supposed to work, I drive down hoping to be let in. Most times, the place is empty and I will call my employer only to find he has canceled my shift for the day without notification.

I'm now unable to pay my bills (I am actively seeking other employment), and have no way of knowing when I'm supposed to work. Is this legal?

If there is any vital information I left out, don't hesitate to ask And I will do my best to answer.


Asked on 6/07/13, 9:20 am

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

It is indeed legal.

You should check with EDD to see if you qualify for unemployment. If you have unpaid wages for hours you worked, then you have a claim for those before the Labor Commissioner or in small claims court.

Best of luck to you.

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Answered on 6/09/13, 11:46 pm


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