Employment Rights and Strategies When an Employer Wants You Gone

When an employer desires to have you leave their company but lacks legal grounds to fire you, they might consider reducing your working hours to such an extent that it isn't economically viable. Such a move can be a subtle form of dismissal. Understanding your employment rights and the limitations on your employer's actions is crucial in such situations.

Legal Limitations on Reducing Working Hours

The variations in employment laws across different states make it impossible to provide a blanket answer. Generally, if an employer cannot fire you, they also cannot substantially change your conditions of work. However, reducing your working hours to a level where it costs you more to come to work than what you earn is often illegal.

Unemployment Insurance and Workload Reduction

Even if your employer reduces your workload to 0.1 hours per week, you are entitled to unemployment insurance for the lost hours. This is important to consider, as unemployment benefits can provide critical financial support during this period of reduced work.

Moreover, when such changes happen, it signals a change in the employment contract. If you were required to work a certain number of hours and the employer reduces that to a negligible amount, this reflects a breach of the existing agreement. While you are still technically employed, the income generated from this reduced workload might be insufficient to sustain you.

Workaround Strategies

In situations where mandatory working hours are reduced, here are some strategies to consider:

Unemployment Insurance: Use the reduced work period to apply for unemployment insurance, which can provide financial assistance. Look for Other Employment: Use the free time to actively search for another job. Even if you are technically employed, being able to say you are actively seeking new employment can be beneficial. Negotiate a Severance Package: If you are not satisfied with the current arrangement, negotiate a severance package to leave the company on better terms.

Important Exceptions and Jurisdictions

While some states allow employers to put employees on reduced working hours, certain jurisdictions have specific laws in place. For instance, in California and most other "at will" states, there are strict limitations on reducing working hours without a justifiable reason. The "at will" employment means that either party can terminate the employment at any time, as long as it is not due to discrimination.

In California specifically, the minimum call-in time is 4 hours. If you are called in at all, you must be paid for 4 full hours, even if you are sent home before you begin your shift. Employers might, legally, put you on reserve standby without reducing your hours. However, in practice, they typically do not call you in, thus allowing them to reduce your hours to 0 or 0.1 effectively, and avoid additional financial responsibilities.

It is crucial to note that any reduction in hours to such an extent that it forces you to leave the company can still be considered a form of constructive dismissal. If the reduction is due to discriminatory reasons (such as age, race, gender, etc.), it would be a violation of the law.

Conclusion

When an employer wants you gone but cannot legally fire you, the strategy of reducing your working hours to an unrealistic level can be a tactic. However, understanding your employment rights and the legal frameworks in place is vital. Use this knowledge to your advantage by seeking financial support, actively searching for new employment, or negotiating better terms, including severance packages.

Remember, if working hours are reduced to a negligible amount, it might be time to explore other career paths and consider legal actions if discriminatory practices or unfair conditions are at play.