What is the least amount of hours my employer can give me if I'm hired as full time.

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I have been working at least 32 hours a week and all of a sudden my hours are cut down to 16 this week and 11 next week. Is this legal.

Attorney Answers

3
Michael Kirschbaum ·
I am sorry to tell you there is no law which requires an employer to schedule an employee for any amount of hours. It is left to the discretion of the employer to decide how many hours an employee will work. If you are a union employee or have an employee contract, the rules may be different. If you believe your employer is not allowing you to work your normal hours for an unlawful reason, that is something which you could explore with an attorney. But if neither of those scenarios apply to you, all you can do is try to address the issue internally and if that does not work, look for a better job.
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Neil Pedersen ·
Michael is right. Keep in mind that the employer can change the terms and conditions of your employment "at will" meaning they could hire you as a "full time" employee (whatever that means to that employer) and then the following week tell you that effective tomorrow you are a part time employee with only 16 hours a week. Other than the limitations suggested by Michael would be if the employer committed actual fraud that caused you damages. For instance, if the employer wanted to entice you away from a competitor it made promises it never intended to keep. Good luck to you Pedersen Heck McQueen, APLC is an Irvine, California employee rights law firm assisting employees in all Southern California counties.
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Marilynnmika Spencer ·
Attorneys Kirschbaum and Pedersen are correct. Categories such as "full-time," "part-time," "permanent," "temporary," "probationary," "regular," "casual," etc. are created and defined by an employer itself, not by law. The definition will vary from employer to employer. Employers create these categories for their own convenience, usually to indicate which employees are entitled to employee benefits and which are not. For example, Employer No. 1 can define as "permanent" all employees who have worked six months or more, and can offer medical insurance to permanent employees only. Employer No. 1 can define as "temporary" all employees who have worked less than six months, and not offer medical insurance to temporary employees. Employer No. 2 can define as "permanent" all employees who have worked one year or more, and can offer medical insurance and vacation to this group of employees. Employer No. 2 can define as "temporary" all employees who have worked between six months and one year, and can offer medical insurance to temporary employees but not vacation. Employer No. 2 can define as "probationary" all employees who have worked less than six months, and not offer any benefits to probationary employees. Employer No. 3 can define as "full-time" all employees who work 30 more hours per week. Employer No. 3 can define as "part-time" all employees who work less than 30 hours per week. Employer No. 3 can offer overtime opportunities to full-time employees and not offer overtime to part-time employees. Employer No. 4 can define as "full-time" all employees who work 40 more hours per week. Employer No. 4 can define as "part-time" all employees who work less than 40 hours per week. Employer No. 4 can treat full-time and part-time employees the same with respect to benefits or other work issues. Some employers have policies providing that after an employee has worked a certain period of time in a particular category, the employee is moved to a different category, usually one that offers more job security or benefits. This generally happens only with government employers (federal, state, county, city) or in workplaces where employees are represented by a labor union. Now with a better understanding of your limited legal rights, consider a strategic solution instead. Consider tackling this directly, professionally and respectfully. Ask to speak with HR. Ask if you’ve done something indicating you are a poor worker or if the employer thinks you were responsible for something that happened. Maybe something was misinterpreted, though probably not. But if so, you can explain your side. More likely you will never know what is really going on. However, a mature conversation may change the way the employer treats you. Whatever you do, don't challenge the employer’s authority. Indicate you want to continue your working relationship and value your job. Explain you care about doing a good job. Mention your good work record if you have one. Explain you would never intentionally do anything against the company's or your boss' interest. Do not blame anyone else even if you believe someone deserves it; this cannot help you. Only talk about yourself, that you want to do a good job. Ask what you can do to increase your hours in the future. Don't give anyone a reason to get angry. I hope you can resolve your situation and wish you the best.
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