How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Patrick, Esq. Your Own Question

Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7646
Experience:  Significant experience in all areas of employment law.
60109343
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

My daughter has worked at walgreen part time since 5-12-2011,

Resolved Question:

My daughter has worked at walgreen part time since 5-12-2011, beginning with 15 hours per week, now down to 5 hours a week, recently she was told that no hourfor her to work but she is stll a employee, she has to find hours at other walgreen store to work, otherwise, she wil be terminated in 60 days without hour to work, she went store by store to ask for hour to work, she was frustrated with all the " nohour" answers,I appreciate your help a few questions as follows
1. What foes it mean by no hour to work ?
2. What should we do?
3. What should my daughter do and able to apply for unemployment benefit?
Quit the job now or wait for 60 days to ne terminated by walgreen. Thanks
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question. Im so sorry to hear about your daughter's unfortunate situation.

In the state of California, employment is presumed to be "at will" absent an agreement specifically stating to the contrary. More specifically, California Labor Code Section 2922 provides that: "employment, having no specified term, may be terminated at the will of either party on notice to the other." Assuming that an employee does not have a contract that guarantees them employment for a specified term, this means that an employer is free to promote, terminate or reduce the hours of employees as it sees fit and without reason.

When an employer says that there are "no hours to work," it simply means that the employee's hours are temporarily reduced to zero due to a lack of need for the employee to come in. This is typically not illegal for the reasons stated above.

Since there is nothing that an employee can do under these circumstances to get more hours from their employer, an employee in this circumstance has few options. If they suggested that you attempt to find hours at other branches, it would be wise to make every effort to do exactly that.

It is very important that an employee does not QUIT their job if they wish to seek unemployment benefits. One of the requirements for benefits is that an employee is unemployed through "no fault of their own." If an employee quits--even if their termination was imminent--the EDD will claim that unemployment was voluntary and will deny benefits.

A formal termination notice is not required to begin the application process to collect benefits. All that is required is a lack of work. Otherwise employers could suspend employees without terminating them and they would be forever precluded from claiming UE benefits because they didn't have a termination letter.

The basic requirements for obtaining UE benefits are the following: that you have received enough wages during the base period to establish a claim (either $1300 in one quarter of your "base period," or at least $900 in your highest quarter and total base period earnings of 1.25 times your high quarter earnings), you are physically able and available to immediately accept work, actively seeking work, and unemployed through no fault of your own.

For information on how to file for benefits, visit this link: http://www.edd.ca.gov/unemployment/filing_a_claim.htm

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.
Customer: replied 2 years ago.
My dayghter's wage is very low, about $100 -200 per month, do you mean she can apply unemployment benefit now due to lack of work during these 60 days waiting for termination if no hour for work
Expert:  Patrick, Esq. replied 2 years ago.
"Do you mean she can apply unemployment benefit now due to lack of work during these 60 days waiting for termination if no hour for work"

Yes. Assuming that she otherwise meets the requirements for eligibility as described above, the fact that she has not received a formal termination notice will not preclude her from receiving benefits. All that is required is a lack of work due to no fault of her own. Also, there is no penalty for applying if benefits are denied, so there is nothing to lose by applying now.

I hope that this helps clarify my response. If my answer has been helpful, please be so kind as to "accept" it so that I may receive credit for my time and be compensated for my work.

Warmest wishes and very best regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7646
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    936
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    888
    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    334
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3755
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 

Related California Employment Law Questions

Chat Now With A California Employment Lawyer
Patrick, Esq.
Patrick, Esq.
2320 Satisfied Customers
Significant experience in all areas of employment law.