My question involves labor and employment law for the state of: California
My question is at what point do you go from an the status of "Applicant" to "Employee"? Isn't it correct that if any work has been performed, for even the briefest period of time, you are considered to be an employee?
Here's the situation: After being interviewed and drug tested, background check ect ect I received a written job offer. It stated if I accepted, I should report on a xx\xx date at xx:xx time. I reported for work.
After 2 hours of orientation I was either terminated or I quit. That sounds strange I know but I was there, and I can't even say for sure which one it was. I'm leaning towards being terminated but it all happened almost together simultaneously.
Let's just say: Basically we reached a point where it was clear neither the employer nor I was prepared to continue further. Each for our own separate reasons. However, aren't I still entitled to be paid for the time I was there?
I thought so. Since I believed I had worked there, I reported the 2 hours to EDD. I was scheduled for a phone interview and then was disqualified for "refusing, without good cause, to accept suitable work."
It also says I was not offered work because I demanded conditions of hire that the employer could not or would not meet.
I don't really see how they found that I did not accept the work? Especially when they say I wasn't offered work? It makes little sense to me.
I reported as instructed, and was allowed to begin work. Shouldn't it be, if anything, an issue of separation? I was either terminated or possible quit (I have complete faith I would be able to show it was with good cause) but after I had worked for 2 hours. To date, the employer still has not paid me.
I'm sure that every other employee that has started working there, was paid for the time they spent doing orientation.
I have appealed the decision and have the hearing in a few days so any thoughts on what points would be best to focus my case on would be helpful and appreciated.