My employer wants me to work full time instead of part time. Because I cannot, they are looking for someone else.
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My employer wants me to work full time instead of part time. Because I cannot, they are looking for someone else.
Is this a lay off? They are saying it is not.
Asked on September 14, 2018 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you refuse or decline to work the hours that your employer wants to schedule you for that constitutes quitting; a layoff is when your employer does not schedule you to work at all. Accordingly, you will not be eligble to collect unemployment compensation.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, that is not a layoff. If you refuse to work the hours the employer wants you to work, that is quitting or resigning; as such, you are not entitled to unemployment benefits. It is a layoff when the employer takes your opportunity to work away; it is quitting or resigning when you refuse to do the job offered to you.
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