Laid off from union store due to lack of hours after store's financial recovery, with safety concerns from frequent shoplifting

Question

I've been employed with a retail/pharmacy store for 9 years, which recently went through bankruptcy but emerged successfully. Despite this, the store began cutting hours and letting people go. As a union store employee, I was laid off a few days ago due to 'lack of hours,' according to the store manager. I didn't receive a severance package, only payment for the two weeks I worked and my accrued vacation, sick, and personal hours. Other employees have been let go for the same reason. The store frequently faces shoplifting incidents, with individuals stealing cases of beer multiple times a day, creating safety concerns and possibly impacting sales, which may have influenced the lack of available work hours. The management does little about these shoplifters or employee safety. What, if anything, can be done in this situation?

Brad S Kane · Answer

First, you should apply for unemployment benefits. 
 
Second, assuming you are an at will employee, it does not appear that you have any claim against your employer. Employers can terminate an at will employee for any reason or no reason, but not prohibited reasons such as hostility toward a protected class such as race, religion, gender, gender expression, sexual orientations, military service, pregnancy, disability, etc. or opposing illegal conduct. 
 
Third, it would be wise to speak with your union about your rights under the collective bargaining agreement to any severance or preferential re-hire.

James L. Arrasmith · Answer

If you were laid off due to a lack of hours, and not because of any performance issue, you may have limited recourse for wrongful termination since employers generally can reduce hours or lay off employees for economic reasons. However, the fact that the store has safety concerns related to shoplifting could potentially strengthen your case, especially if the store has not properly addressed these issues. 
 
Under California law, if your layoff is related to unsafe working conditions or you feel that the store's failure to deal with frequent thefts is contributing to an unsafe environment, you might have a right to file a complaint with Cal/OSHA. They handle workplace safety concerns, and you may be able to raise this issue if it’s affecting your ability to perform your job safely. 
 
As a union employee, you should also check the terms of your collective bargaining agreement. Sometimes union contracts provide additional protections or benefits for situations like layoffs or unsafe working conditions. If you’re not sure, you might want to reach out to your union representative to discuss whether any violations have occurred, or if you’re eligible for any further support or compensation.

Q: Laid off from union store due to lack of hours after store's financial recovery, with safety concerns from frequent shoplifting