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  1. #1

    Default Unique Hiring Situation

    My question involves labor and employment law for the state of: California

    In December I applied, interviewed, and was hired for a part time position at an under construction restaurant as a bartender. I was hired by the owner and with the understanding that my availability was weekends only due to my 9-5 job.

    I was sent an offer letter by email. I was sent a link to their HR portal and also completed my I9 and W4.

    In January there was an email sent about a staff training session. I replied that I wasnít able to attend due to my job. After 3 weeks and multiple emails I finally got a reply that it was ok and there would be a makeup training.

    After a long time of radio silence I emailed the owner again inquiring the status. The restaurant still was not close to opening. Somehow I didnít receive an email regarding the second training session which ended up also being at a time I couldnít attend. When I inquired about the status and found out about the missed training the owner told me that because I didnít show up to the training he assumed I ďchanged my mindĒ and took me off the employee ďrosterĒ.

    I let him know that wasnít the case. I simply hadnít received the email and also he has my availability so I wouldnít have been there regardless. He re-sent me the link to the HR portal to submit my tax documents again. That was a few weeks ago and Iíve yet to hear any word from him. The restaurant is opening next week finally and I can still login to the HR portal and see my name on the list of employees with my job title and my personal phone number, and see my other info.

    My emails have gone unanswered and Iím sitting here assuming that the owner doesnít want me to work for him. Iím not sure whatís going on or if I have any rights under employment law to basically say ďhey you hired me why wonít you let me work?Ē

    Itís not the end of the world if I donít end up working there. The extra income would be nice. But Iíve been in limbo for over 3 months and I feel like if this guy doesnít want me as an employee he should at least have to formalize it somehow much the way they did with my hiring.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,478

    Default Re: Unique Hiring Situation

    Alas, you don't have any "rights" here. Barring some sort of contract (or collective bargaining agreement you are party to), they don't have to let you work no matter what you were originally told.

  3. #3

    Default Re: Unique Hiring Situation

    That is what I figured. Thanks.

  4. #4
    Join Date
    Oct 2016
    Posts
    3,666

    Default Re: Unique Hiring Situation

    Have you checked you SPAM/Junk mail?

  5. #5

    Default Re: Unique Hiring Situation

    Yes. I whitelisted the domain as well.

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