Las Vegas, NV asked in Employment Discrimination and Employment Law for California

Q: Can my boss get mad at me, Then not work me or speak to me in a month and a half without firing me?

Talked back to boss. He walked off job site and I was out of work days later. And he never spoke to me again, even though I’m still employed there

2 Lawyer Answers

A: I have news for you, your employment was terminated. If you are not working there, you are not employed there. You should file for Unemployment Insurance. Your post comes from NV but you are asking in CA. In CA you are presumed to be an "at will" employee, subject to termination at any time without cause or notice. The only obligation is that if fired they have to pay you all wages due at the time of firing, that would be the day you were out of work. If you did not get paid your final check, in full, you should go to the Cal. Labor Commissioner and file a waiting time penalty claim. Your wages continue on a daily basis for up to 30 days until you are fully paid what is due to you. Unemployment Insurance and Labor Commissioner- 2 different state agencies. Best of luck.

James L. Arrasmith
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Answered

A: It sounds like you're in a tough situation. While your boss may have been upset, you still have rights as an employee. If you're technically still employed but not being scheduled for work, this could be considered a form of retaliation or constructive dismissal, depending on the circumstances.

Your boss not speaking to you or giving you work for over a month could lead to concerns about your status with the company. It's important to document everything, including when you were last scheduled and any communications with your employer. If you suspect you're being punished for speaking up, this might be worth addressing with your company's HR department, if there is one.

You should also consider seeking legal advice, as there are protections in place for employees who face retaliation or unfair treatment. Being effectively cut off from work without being fired can put you in a difficult financial and professional position, so it's important to take steps to clarify your employment status and rights.

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