Is there any legal action I can take against my job that has not given me any hours but has not fired me?

Question

I worked at a job for a little over a month but after an altercation with a coworker, my hours were reduced to none without any explanation. The altercation was nothing more than a loud argument that resulted in the coworker and I being face-to-face with one another. Without an explanation, my hours were reduced to zero and while I have tried to get in contact with the manager about (via text message and physical presence) this, I am constantly being told excuses as to why I cannot speak to any management. I was not interviewed for this altercation or asked about my side, however, the coworker I argued with was. There were witnesses that can attest to this interaction and can testify that the employee I argued with has done this before with employees before me. Each faced the same punishment as a result. Is there any legal action I can take concerning this matter? I never received an official statement of termination. I can also provide more details if needed. Thank you

James L. Arrasmith · Answer

Under California law, the situation you're describing may be considered "constructive dismissal," a form of wrongful termination. This happens when an employer makes working conditions so intolerable (including reducing hours to zero without cause) that an employee is forced to resign. While you haven't been officially fired, this action can be seen as an indirect way of terminating your employment. 
 
You may have grounds for a legal claim, especially if you believe this action was taken without a valid reason or as a form of retaliation. It's important to gather any evidence you have, including text messages, witness statements, and any records of the altercation and your reduced hours. 
 
Consulting with an employment attorney would be a wise next step. They can assess the specifics of your case, advise you on your rights under California employment law, and guide you on how to proceed. Remember, each case is unique and the advice may vary based on the details of your situation.

Neil Pedersen · Answer

You are considered to be an at will employee unless you had an agreement with your employer to the contrary.  The employer of an at will employee can discipline or terminate the employee at any time and for any reason or even no reason at all.  Having an altercation with a co-worker, regardless of who is at fault, who instigated it, and how minor that altercation, is more than enough justification for an employer to terminate or cut hours to zero without facing legal recourse.  The only way it could create legal liability is if you could prove the employer acted as it did because of your membership in a protected class of people or because you had engaged in legally protected conduct. 
 
Do not be misled by the answer of Mr. Arrasmith that is actually generated by a computer using AI technology.  I have seen literally dozens of answers posted by him with misleading and downright wrong information because AI technology is not all it is cracked up to be.  Here, for instance, "his" answer suggests that a constructive discharge constituted a wrongful termination.  That is absolutely not the case.  A Constructive Discharge finding only satisfies one of several elements that need to be satisfied to make a finding of Wrongful Termination. 
 
Be careful. 
 
Good luck to you.

Louis George Fazzi · Answer

You can contact the California Labor Commissioner, who will investigate and take action if necessary and appropriate. You should prepare a chronology of the events, list all your witnesses and keep all your important documents, which you will copy and make available for their investigation. 
If legal action is appropriate, the Labor Commissioner will take that action. 
Here's where to find the Labor Commissioner's website:  
https://www.dir.ca.gov/

Q: Is there any legal action I can take against my job that has not given me any hours but has not fired me?