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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4964
Experience:  Extensive experience representing employees and management
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In negotiating with a company, I negotiated a flexible work

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In negotiating with a company, I negotiated a flexible work schedule and was hired with written email correspondence (with my employer) that I am able to take floating days off as long as hours are made up on other days or on weekends. Employer is now saying that is not possible. I'd rather them lay me off if that is illegal so I can collect unemployment. Now I am basically UNABLE to have the floarinf day schedule negotiated. Please advise
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Joseph replied 11 months ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Can you tell me what question you have regarding your situation?
Customer: replied 11 months ago.

Legally, am I allowed for them to either honor that agreement (they probably won't) or hopefully to have them terminate my employment in a manner that I am eligible for unemployment benefits in CA? They basically are not giving me privileges that they agreed to in writing upon my hire.... as in, my negotiation with them before I agreed to accept their offer of employment.

Expert:  Joseph replied 11 months ago.
Hello Celeste,

Did you have an employment contract with your employer or were you an at-will employee?

Was the agreement that was arranged via email termed as an employment contract (guaranteeing your employment for a certain amount of time) or did your employer mention that your employment would be at-will?
Customer: replied 11 months ago.

Is my answer going through

Expert:  Joseph replied 11 months ago.
No, unfortunately, I didn't see anything come through.
Customer: replied 11 months ago.

At-will in that there was no length of employment guarentee. It was an email response of "Yes, all sounds good" from my employer when I recapped our terms of employment. Only then wopuld I accept the job. Now I cannot do one of the things in that email agreement.

Expert:  Joseph replied 11 months ago.
Hello Celeste,

Thanks for the additional information.

I will look into this for you and get back to you shortly.
Expert:  Joseph replied 11 months ago.
Hello Celeste,

Unfortunately, you do not have an enforceable employment contract with your employer, so your employer can change the terms and conditions of your employment at any time for any reason with or without any prior notice.

This means that your employer can remove a provision of your employment that was previously agreed to. While they do not need a valid reason to do so, it is definitely valid if the provision violates the law. (It doesn't directly, but they are likely realizing that they would have to pay you overtime for all hours over 8 in a day or 40 in a week if they allowed you this flexible schedule--basically meaning that you could decide to take a day off and then work all hours in another day, given you time-and-a-half and double-time.

Also, unfortunately, they are not obligated to terminate you so you can receive unemployment benefits.

I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!

-Joseph


Customer: replied 10 months ago.

Thanks Joseph,


 


So, is there any negotiating in general I can do with them to kindly fill out the paperwork in a way that will qualify me for unemployment benefits? Like, if I were to quit on my own. Do companies allow that ever? Would it be worth trying, and if so what verbiage would I use?

Expert:  Joseph replied 10 months ago.
Hello Celeste,

No, there's no way of doing that, since the employer doesn't decide if you get unemployment benefits or not. Only the EDD does that, so any agreement you would have with your employer would be unenforceable anyway.
Customer: replied 10 months ago.

What is EDD? In my situation (in CA) I would most likely NOT qualify for unemplyoyment if I quit, correct?

Expert:  Joseph replied 10 months ago.
EDD is the employment development department. Where you apply for unemployment benefits.

Yes, you most likely won't qualify for unemployment benefits.
Joseph, Lawyer
Satisfied Customers: 4964
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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