Employment law question. Need legal advice.?
Thanks in advance for any advice. I'm already put a call into an attorney that deals with employment law but they haven't gotten back with me yet.
Answers:
did you sign any papers stating they could do so? are you signed as a full time employee? if so fight this
Yes, they can, provided that they are doing so for the right reasons. Those reasons could include:
-we've changed the definition of the job; it is really only a part time role. We don't need this position full time.
-our business is declining and we're cutting several positions back to part time (or we're having financial problems, etc.) to save $$ on benefits and pay.
Reasons that they CANNOT do this include:
-this employee made a complaint about something and now we're going to punish her.
-this employee just had a baby and we assume she wants to spend more time with her family now
-we don't like (black, hispanic, old, Jewish, whatever) employees so we'll give the full-time jobs to the (younger, caucasian, Christian) employes and move the less desirable folks into part time jobs.
-this person's medical problems are costing us too much on our insurance premiums. If we move her to part time she won't be eligible for those benefits any longer.
In other words, if its a business decision it's legal - if it is based in discrimination or retaliatory activity, it isn't.
And you'd think they might have let you know it was coming, regardless.
No, not if you were hired for full time, unless you've changed your availibility or requested alot of days off. Most employment is at will, but you could still fight it and win if there is no documentation on your performance. I hope you saved your reviews? Write every conversation you've had regarding this down for reference, dates, times, who was there, etc.
Generally, yes. Unless you have some binding contract that they're violating, or you have a golden parachute, you're out of luck. The term "employment at will" means they can reduce your hours, eliminate your job, demand that you work overtime, change your shift from day to night, and you have no recourse under law unless you can provide evidence that they violated some provision of federal or state law in regard to your employment. And they can do it all on 2 seconds' notice. One morning you walk in the door, and boom. Some employers are firing all their employees, and setting up "temp agencies" through which they hire them back. The employees' employment continues, but without any benefits at all. Others just keep a roster of people to whom they give not quite enough hours to gain rights to sick time, vacation time, pensions, etc. It's a brutal game, I'm afraid. When in doubt, contact your State Department of Labor, Division of Labor Standards. Good luck.
If it is exactly how you explained he may have legal remedy on the grounds of retaliation. If his hours were cut and the position not replaced by another person I could safely say there is no legal premise. However, his hours were cut and someone else was hired into that position with what appears to be no legitimate cause. What you need to emphasize to the attorney is his hours being cut after the employer learned he may be leaving his place of work and he was replaced by another person.
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If your boyfriend works in an 'At Will' employment state they can let him go at anytime for any reason. And he can leave the job at anytime and for any reason. If he told them he would be leaving they have the right to look for someone else to do the job. Even without notice. I don't think an attorney is going to find grounds on this one. The best thing to do is for him to find another job.
You should contact an attorney.
Try this
http://www.legalservices4less.com/employ...
Good luck
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