QUESTION
My employer has recently cut my hours from full time to part time with no prior notice or warning, What are my legal options if any?
Asked on Sep 10th, 2012 on Labor and Employment - Florida
7 ANSWERS
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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You can try to seek another job. There is not too much you can do about it as long as you have been getting paid for whatever hours you are working.
Answered on Sep 13th, 2012 at 12:03 PM
Kevin Elliott Parks
Just based on the facts you've provided, unless you have an employment contract or there is otherwise an internal company policy that prohibits this type of action, it is unfortunately likely that you don't have much legal recourse. You may try to contact a representative at BOLI to discuss your situation, however, and provide them with more facts to more completely analyze what the situation is.
Answered on Sep 13th, 2012 at 12:03 PM
Steven Lee Miller
assuming you did not have a contract where the employer agreed to full time employment, or you are in a union with a collective bargaining agreement, you can then apply at EDD for partial unemployment benefits if you quality.
Answered on Sep 13th, 2012 at 12:01 PM
Administrative Law Attorney serving Pasadena, CA
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License Advocates Law Group LLP
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If you have an employment contract that provides for a set number of hours, you may have remedies for breach of contract. If you are represented by a union with a collective bargaining agreement in place, then your union can press a challenge to the reduction of your work hours. If neither of those is the case, then the law does not constrain the employer's discretion to reduce your hours without notice or cause.
Answered on Sep 13th, 2012 at 12:00 PM
Depending on the overall situation, you should start by filing for unemployment although the State will determine if you are eligible. If you are being treated negatively compared to other employees based on a protected-class reason, such as your age-40 or older, sex or race, etc., then you may have discrimination case that you could file with the Wisconsin Equal Rights Division.
Answered on Sep 13th, 2012 at 11:59 AM
You may file an unemployment claim, even if you are still employed. They are called partial claims. Any thing you earn must be reported to DOL, and will be an offset against your weekly benefit amount. This only applied if you were full time, and then employer reduced you to part time. This does not apply if you were hired for part time work.
Answered on Sep 13th, 2012 at 11:58 AM
Probably none, unless you had a written employment agreement.
Answered on Sep 13th, 2012 at 11:57 AM