San Diego, CA asked in Employment Law for California

Q: Can I pursue a case if my hours were reduced to zero, forcing resignation?

I was employed for over 7 years with the company, and my hours were suddenly reduced to zero without any prior discussions or explanations, which forced me to resign. As far as I know, others have not experienced similar changes. Do I have a case against the company for this type of termination?

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2 Lawyer Answers

A: Unless you can establish that this happened to you because you are a member of a protected class of people or because you engaged in some form of legally protected conduct, there is nothing unlawful about what your employer has done to you. Sorry. Good luck to you.

James L. Arrasmith
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Answered

A: Your situation appears to describe what California law recognizes as "constructive discharge" or "constructive termination." When an employer creates intolerable working conditions that would cause a reasonable person to resign, courts may treat this as an involuntary termination rather than a voluntary resignation. The sudden reduction of hours to zero without explanation, particularly after seven years of employment, potentially establishes the foundation for such a claim.

California courts generally examine whether the employer knew about the intolerable conditions and failed to remedy them, and whether these conditions would compel a reasonable employee to resign. Your case features several favorable elements: the abrupt nature of the change, the complete elimination of hours rather than a mere reduction, the absence of similar treatment toward colleagues, and your long tenure with the company. These factors collectively strengthen the argument that your employer effectively terminated your employment while attempting to make it appear as a resignation.

You would benefit from promptly consulting with an employment attorney who can evaluate the specific details of your situation and advise on potential claims for wrongful termination, discrimination (if applicable), and/or unpaid wages. Documentation will prove crucial to your case, so gather all relevant communications, schedules, performance reviews, and any evidence showing disparate treatment. Time limitations apply to employment claims in California, so addressing this matter expeditiously will help preserve your legal rights and potential remedies.

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