Santee, CA asked in Employment Discrimination and Employment Law for California

Q: Is it legal for a company to cut all 40 of your hours without getting laid off?

I did not get fired or anything yet my name still appears on the schedule with 0 hours. Nobody talked to me about getting laid off. They just posted the new schedule and i am on there with no hours yet the week before i was working close to 40 so I was wondering if I can take legal action?

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Yes that is lawful.

In California you are considered an at will employee unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can change the terms and conditions of employment, including how many hours you are given to work, at any time and for any reason or even no reason at all. There is no law in California that requires an employer to provide an employee with some minimum number of hours.

Unless you can establish that you are being treated this way because you are a member of a protected class of people or because you engaged in some form of legally protected conduct, there is likely no legal recourse for you.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.