Can I claim EDD benefits after boss cut my hours from 5 days to 1 day? Worried about retaliation
I'm in a really tough situation with my current job and not sure what to do. I've been working at this restaurant for about 8 months, and we recently got a new manager who might be the new owner (not entirely clear on the ownership situation). Since he took over, my schedule has been SLASHED. I went from working 4-5 days per week down to just ONE day per week! I was supposed to have 3 shifts next week, but just checked and now I'm only scheduled for a single 6-hour shift.\n\nI've directly told him multiple times that I need at least 4 shifts weekly to pay my rent and bills, but he just shrugs it off. To make matters worse, last week he accused me of messing up a large catering order that another server handled. When I explained it wasn't me, he got super defensive and threatened to "permanently remove me from the schedule."\n\nThis place is getting toxic fast - he's also not allowing legally required breaks and makes everyone stand the entire shift (even during slow periods).\n\nI'm thinking about filing for partial unemployment since my hours were cut so drastically, but I'm worried he'll contest my claim out of spite. Is this considered a constructive dismissal situation? Can I qualify for partial benefits when my hours were cut by 80%? And what happens if he makes up some false reason to deny my claim? I'm pretty sure this schedule reduction is retaliation for standing up for myself about that catering order.
19 comments


Natasha Ivanova
Yes, you absolutely can and SHOULD apply for partial unemployment! In California, if your hours are reduced by a significant amount (and going from 4-5 days to 1 day definitely qualifies), you're eligible for partial UI benefits. The technical term is \
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Oliver Fischer
Thank you so much for this information! I wasn't sure if partial unemployment was a real thing or if I'd qualify. Do you know if I need to tell my boss I'm applying? I'm worried he'll fire me completely if he finds out I'm filing for benefits.
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NebulaNomad
they cant reject ur claim thats not how it works. edd decides not ur boss. i had similar thing happen at my retail job last yr. boss cut me from 38 hrs to like 12 hrs a week cuz i complained about him sexually harassing another employee. got partial unemployment no problem. just make sure u report exactly what u earn each week when u certify
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Javier Garcia
This is actually incorrect - employers absolutely CAN contest unemployment claims, and many do. They have to pay higher insurance rates when former employees collect benefits, so they're incentivized to fight claims. While the EDD makes the final decision, if an employer provides evidence that you were terminated for misconduct or voluntarily quit, it can complicate your claim. In this case though, with documented reduction in hours, OP has a strong case.
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Emma Taylor
I went through something similar last year. My hours got cut from 30 to 10 per week at my sales job, and I applied for partial unemployment. Make sure when you apply that you clearly explain your hours were cut against your wishes - don't just say \
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Oliver Fischer
Thanks for the tip about being specific that the hours reduction wasn't my choice. I'm definitely job hunting already but it's taking time. Did your boss find out right away when you applied for benefits? I'm worried about more retaliation...
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Malik Robinson
The break thing is a MAJOR violation! In California, you're entitled to a 10-minute paid rest break for every 4 hours worked (or major fraction) AND a 30-minute unpaid meal break if you work more than 5 hours. Document these violations too - you could file a wage claim with the Labor Commissioner's Office. Keep a journal noting dates, times, and any witnesses when breaks were denied. As for UI benefits, apply immediately. When hours are reduced by more than 20% or pay is reduced by 20%, you generally qualify for partial benefits.
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Isabella Silva
yep this! I got a $4200 settlement from a restaurant that wouldn't give breaks. took forever but worth it
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Ravi Choudhury
If you're having trouble reaching someone at EDD to discuss your partial unemployment claim or if you have questions about your eligibility in this situation, try using Claimyr. It helped me get through to an actual EDD rep when my claim was stuck pending for weeks. Their system connects you with EDD without having to call hundreds of times. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km\n\nIt's especially helpful in situations like yours where you need specific advice about hour reductions and potential employer disputes. The EDD representatives can tell you exactly what information to include in your claim to strengthen your case.
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Oliver Fischer
Thanks for the recommendation. I'll definitely check this out if I run into problems reaching EDD. I've heard the wait times are crazy.
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NebulaNomad
forgot to mention b4 but make sure u say ur
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Natasha Ivanova
Good point! On the UI application, you'll want to make it clear you're still employed but with severely reduced hours. The phrase \
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Isabella Silva
my cousin works for edd and she says theyre SUPER backed up rite now so apply online dont bother calling unless u absolutely have to!! also your boss sounds like a complete jerk hope u find better job soon
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Emma Taylor
This is good advice. The UI Online system is the way to go for initial applications. Phone lines are constantly jammed. But if you do need to call for something specific that can't be handled online, early morning right when they open tends to have slightly shorter wait times.
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Malik Robinson
One more thing - when you file your claim, your \
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Oliver Fischer
That's really helpful to know about not quitting. I was considering just leaving since the environment is so hostile now, but I'll stick it out while looking for something else. When I file, I'll make sure to clearly document my normal hours versus what I'm getting now.
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Javier Garcia
Your situation sounds like a classic case of constructive discharge - where working conditions are made so intolerable that a reasonable person would feel compelled to resign. Between the drastic hour reduction, threatened removal from schedule, break violations, and retaliation, you've got multiple labor law issues.\n\nFor your EDD claim: Document EVERYTHING. Save old schedules, text messages, emails. If conversations happen in person, send follow-up emails summarizing what was said (\
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Oliver Fischer
Thank you everyone for the advice! I'm going to apply for partial unemployment tonight. I've already started documenting everything - taking screenshots of my old schedules versus new ones, and I've been keeping notes of all the inappropriate comments and break denials. I'll make sure to be very clear that this reduction was NOT my choice and that I've repeatedly requested more hours.\n\nI'm definitely going to look into filing a wage claim about the breaks too. To be honest, I was so focused on the hours issue that I didn't even realize how illegal the break situation is.\n\nFingers crossed the EDD approves my claim quickly. I'll update once I hear anything!
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Mateo Rodriguez
Good luck with your application! You're absolutely doing the right thing by documenting everything and applying for partial unemployment. Your situation definitely qualifies - an 80% reduction in hours is huge. Just a heads up from my experience: when you certify for benefits each week, you'll need to report your exact earnings from that one shift. EDD will calculate your partial benefit amount based on what you earn versus what you used to make. Also, keep applying for other jobs and document your job search activities since that's required to maintain eligibility. Your boss sounds awful and what he's doing is likely illegal on multiple fronts. Stay strong and don't let him intimidate you out of claiming the benefits you're entitled to!
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