Can my employer reduce my hours from full time to part time (employee, apply)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I live in Montana and work for a retail company. I gave them my availability during the interview. I have to pick up my children after school, we live too close for bus service, but they would have to walk along a highway to get to our house which I'm not comfortable with. I also do not have childcare on weekends.I told all of this to the manager who did my interview, she still hired me, for months now my scheduled has allowed me to take a break to pick up my children, and no weekends, but still receiving 32-36 hours a week which makes me eligible for benefits like 401k and PTO. Now we have a new manager in addition to the one who hired me, and I'm being told that unless I change my availability to include nights and weekends that they will have to cut me to part time, which is max 28 hours and no benefits. I quit a second part time to job to be able to be at this one full time because of the benefits and was never told that full time employees were required to be available on weekends. Do I have any rights in this situation? Can I keep them from cutting my hours, my availability hasn't changed but apparently their policy has.
During the past 52 weeks, how many weeks were you working each of 32 hours, 33 hours, 34 hours, 35 hours and 36 hours (be as precises as possible)?
What is the minimum numbers of hours the employer said you will get each week (forget the maximum)?
Do you have anything that documented the terms and conditions of your work schedule when you were hired (can you prove they hired you with that understanding)?
During the past 52 weeks, how many weeks were you working each of 32 hours, 33 hours, 34 hours, 35 hours and 36 hours (be as precises as possible)?
What is the minimum numbers of hours the employer said you will get each week (forget the maximum)?
Do you have anything that documented the terms and conditions of your work schedule when you were hired (can you prove they hired you with that understanding)?
Where are you going with this Rabrrita? Employers can change up the schedule at any time unless bound to a contract or CBA.
Where are you going with this Rabrrita? Employers can change up the schedule at any time unless bound to a contract or CBA.
True, the employer is free to change the schedule all they like. But, in the OP's state, a reduction of hours can legally be a "separation of work attributable to the employer". That means the OP can leave the work as if they were let go, apply and receive unemployment benefits. They can use the unemployment as being paid by their former employer to look for a new job. There are some calculations that need to be met and that is the reason for the questions to see if they qualify.
Additionally, if the OP can show that they were hired with the understanding that they had a limited schedule and the employer hired and accommodated that restricted scheduled, making a radical change that undo that accommodation may rise to the legal definition of a "negative substantial change to the employment relationship" under the OP's state's unemployment regulations and again, they would have the right to quit and collect benefits.
True, the employer is free to change the schedule all they like. But, in the OP's state, a reduction of hours can legally be a "separation of work attributable to the employer". That means the OP can leave the work as if they were let go, apply and receive unemployment benefits. They can use the unemployment as being paid by their former employer to look for a new job. There are some calculations that need to be met and that is the reason for the questions to see if they qualify.
True, the employer is free ...... "negative substantial change to the employment relationship" under the OP's state's unemployment regulations and again, they would have the right to quit and collect benefits.
thanks for the search word, "negative substantial change to the employment relationship", I just found the Holy Grail of legit reasons to quit and collect un employment.
thanks for the search word, "negative substantial change to the employment relationship", I just found the Holy Grail of legit reasons to quit and collect un employment.
But why would you want to do that over earning an honest wage.
No I would always prefer to earn an honest wage , but some times employees are placed in a jam, and do not know their rights.
You actually have people denied their rightful benefits, because say the wrong thing when answering Un Employment. These people go months without income because of it.
Sometimes Management finds a lame excuse to get rid of employees who they dont like any more. I had to endure a very senior employee that would talk like the good old boys all day long, and he would get away with anything. He was a Mascot of sorts, and would make peoples lives miserable, on Managements orders. He loved to micro manage and put on the screws by constantly picking on me, until I snapped and quit. Constantly correcting me, when there is no error, constantly pointing out fault in every move. These are grounds to collect, I wish I would have had a defense. Case Law is golden in a hearing.
I feel sorry for those that have had to suffer financial hardship at the hands of slease.
You work retail. They can change your hours every week. You're not a salaried or contracted employee. Your rights are pretty slim. In retail, it's well known that you must be available nights and weekends. Most places won't even consider a person who isn't available nights and weekends. Management can change at any time. They can also change how many hours they give you at any time.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
