I am employed at a restaurant in Los Angeles. 5 weeks ago my employer stopped scheduling me. After the second week I asked if I was being punished, to which my manager responded that I was not being punished, there just weren't a lot of shifts available. I have never had any issues at work, never been disciplined for warned for any reason. I am not a seasonal employee.
California is an at-will state meaning that your employer can reduce your hours or terminate are you with or without cause and with or without notice as long as you were not being terminated for an illegal reason. Unless you can think of a discriminatory reason why you are being excluded from the schedule, your employer probably has the right to take the actions that he has. I do recommend that you seek a consultation with an employment and labor attorney to hear all of the facts to evaluate your case.
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You are considered to be an at will employee unless you have some special agreement with the employer otherwise. As an at will employee your employer may change the terms and conditions of your employment at any time and for any reason. That includes your hours. The law does not require an employer to give you any hours at all, and you can simply be left off the schedule. This is not an unusual passive aggressive way that employers push out employees they no longer wish to have around. As such you should recognize that your job there is likely over and you need to move on.
Apply for unemployment if you otherwise qualify and be sure to inform the EDD that you are not being scheduled any hours, not that you have been terminated. Then find a new job.
Good luck to you.
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