California Employment Law
California Employment Law Questions Answered by Legal Experts
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First, let me say that I am terribly sorry to hear that you are in this situation. If you are fired, then what you did would not be considered misconduct based on insubordination and you would be entitled to unemployment benefits. However, if all the owner said was "I don't think you can work." this would not constitute a firing if your employer argues that your failure to come into work at 4 was you quitting.
The best option in your situation would be to show up at 4 as you are scheduled. If you are allowed to work, then you know that you are not fired, and you must be compensated for all hours worked. If, however, you show up at 4 and they tell you you were fired, (try to get something in writing if you can) then you would have clear evidence that you were terminated. In that instance, you would be able to file for unemployment benefits and claim, quite rightly, that you were terminated without cause, and seek unemployment benefits.
Of course, if there is a number you can call, that would also be sufficient, however, having something in writing stating that you did not quit will ensure that you receive unemployment if that situation arises.
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