Legal Question in Employment Law in California

I been on my job for 2 years. I recently called off due to an illness which i went to the doctor for. I called off in the time alloted. I let my boss know that i was at the hospital and i would have a doctors note. Since that day, I havent worked. that was 2 weeks ago. im going on 3 weeks of no work. I called and asked if i was fired. He said "no, its slow and theres no work". I work in the asphalt business. This is our busiest time of year and everybody has been working everyday except me. Is this legal

Asked on 9/24/13, 1:52 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

There is nothing illegal in your employer's conduct based on what you want, absent a violation of a union contract. You are an at-will employee, and can be terminated or have your hours reduced at any time and for any reason that does not constitute unlawful discrimination.

You may have been constructively discharged, which will allow you to receive unemployment benefits. You should check online with the EDD website, or go into your local branch of the EDD to see if you qualify.

Best of luck to you.

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Answered on 9/24/13, 11:18 pm

Terry A. Nelson Nelson & Lawless

Legal, yes.

in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without ‘cause’, explanation or notice. You should probably assume they will never return you to work, treat it as a 'fired', and apply for unemployment, and look for new work.

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Answered on 9/25/13, 3:19 pm

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