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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11272
Experience:  Significant experience in all areas of employment law.
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Ive been an employee company 2 1/2 years. My

Customer Question

Ive been an employee for a company for over 2 1/2 years. My fiancee who also works for the same company got into a altercation with the manager. Ever since this altercation, I have yet to be put on the schedule to work. I contacted the owner through sending him a text asking that im confused as to why I havent been scheduled to work ever since the incident between said persons. I asked that I like to know where I stand as an employee for this company. His response was "as you know I had you working deliveries about 2 to 3 times a month I can probably keep you at this pace as usual if we ever need an extra person on delivery I will let you know. First off prior to this I was on my way to be trained for a higher position as stated by the manager (same person who was in the altercation w fiancee') Also my scheduled work was more than 2 to 3 times a month as stated by owner. Throughout my employment with company I have witnessed the hiringof less qualified employees receiving more hours
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
I can understand your frustration, but unfortunately, none of what you describe gives rise to any legal claims. The reason is because employment in the state of CA is "at will" absent an express agreement to the contrary. At will employment can be terminated or modified for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.
Thus, while it would be completely unfair to terminate you or change your job because of an argument your fiance got into with your management, it is not against the law. What you are describing sounds like some very petty office politics, but it is not illegal to engage in office politics or to take out personal vendettas like this.
So, all you can do is continue trying to get back on the schedule and apply for unemployment benefits in the mean time. You don't need a formal "termination letter" to apply for benefits. See here to start your UI claim: https://eapply4ui.edd.ca.gov/
I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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