QUESTION
Can I require my company to make me a full time employee?
Asked on May 31st, 2014 on Labor and Employment - North Carolina
More details to this question:
I have a part-time job. I have been told my company has to make employees full time if they ever work over forty hours in a week, or if they work five weeks over thirty-one hours. I have worked over forty on three different weeks, and worked five weeks in a row over thirty-one hours.
1 ANSWER
4 Awards
No, you cannot. The employer is legally allowed to set how many hours an employee works which, in turn, controls who is full-time and who is part-time. The employer is free to give you 40 hours one week and 15 hours the next if it wants.
Now, it is a little bit different if the concern is with benefits. Employers who offer benefits like health insurance or retirement, are required to have those plans in writing and the plan documents say what you need to do to become eligible i.e. 40 a week for so many weeks out of the year.
Answered on May 31st, 2014 at 3:13 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.