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Old 03-31-2015, 10:55 AM
 
6 posts, read 107,667 times
Reputation: 11

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I am a server at a restaurant. The last few months my employer cut my hours down to just 1 day a week which was ok because I have been dealing with a heavy school schedule so it actually worked out.

However, this last week my boss did not send me the schedule at all. Without thinking about it, because I work every Saturday, I came into work and worked my usual Saturday shift. A manager was there and watched me work.

Later that day, I thought, I never got the schedule that the boss emails out every 2 weeks on Sunday nights. I dug through my emails and sure enough, I never got it. That's strange, I thought. I texted a couple of employes to see whats up and they avoided me.

On Monday, I went to work to talk to the owner and the busser said, he's been out of town. I asked the busser if he had the latest schedule and he did. He pulled up the email on his phone and clicked on the schedule. I was not on the email chain and my name was not on the schedule at all. In fact, I was not on the schedule to work the Saturday that I just worked 2 days ago.

This melted my brain. I texted my owner today asking him for the schedule to prompt him to talk to me/fire me but I haven't hear back from him.

My friend told me that they are trying to get me to walk away without having to pay me unemployment.

Any advice?

I don't know what I should do?

Thanks Everyone!
Erik
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Old 03-31-2015, 11:05 AM
 
14,500 posts, read 31,075,853 times
Reputation: 2562
First, depending on your prior schedule, when you were cut down to one-day a week, you were most likely eligible for partial UI, and you should have applied then.

Your employer doesn't have to say, "you're fired," to think about UI. Any time the employer prevents you from earning more than you'd get on UI, you apply.

You apply right now, and do it as "not being scheduled." It's the same as being fired. He can try to say that you quit, but save all your emails showing that you used to get your schedule emailed to you, and then it stopped. If you can get one of your coworkers to print the schedule showing you were omitted, so much the better.

You do not have to nag your boss to let you work.

The above is the good news regarding the separation issue. The bad news is that you are in school, and you might be labelled not "able and available" because of it, and you won't get any money anyway. However, spring and summer break are just around the corner, and when school is out and you can look for work and accept work, "reopen" your claim and you just may find that you get a PAID spring and summer vacation, and you'll feel like you won the lottery.
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