Hi . I applied for a FT position in the medical field over eight months ago. I was hired full time. After 8 months, I've worked an average of 18-20 hours per a week. After speaking to my manager, then the ceo manager and partial owner about my lack of hours. All I get in response is "I don't know what to tell you. Now the position I applied for was a FT position and after probation, they hired me FT. However they also hired another girl under the same ad I applied for...who happens to speak the same language and is from the same country as my managers. During my employment, she was to come in as needed and I was FT.. Now they are giving her more hours then me as she is contracted and I am permanent FT. What legal action can I take because I gave up another job opportunity for this one and 8 months later, I'm now behind on bills, stressed out and feel like I've been screwed royally?
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Hired fulltime but never worked fulltime hours at this employer.
- Thread Starter ADAMASTG
- Start date
mightymoose
Moderator
It is perfectly legal to quit your job and find new employment. You can't take legal action to force your employer to give you more work hours.
You might be a victim of Obamacare statutes. An employer is required to cover certain benefits if you work enough hours. They might be deliberately keeping you under the minimum. Perfectly legal to do so.
If I was in your situation I would be seeking new employment while making the best of the job I have.
You might be a victim of Obamacare statutes. An employer is required to cover certain benefits if you work enough hours. They might be deliberately keeping you under the minimum. Perfectly legal to do so.
If I was in your situation I would be seeking new employment while making the best of the job I have.
It is vaguely possible that you might have a claim for detrimental reliance based on the promise of FT hours that never materialized. Whether you have a viable claim or not is something only an attorney with all the details can tell you. In health care, it is not usual to use contract employees for whom benefits are not owed over in house staff. That is a business call. You can't force them to give you those hours otherwise given to the contractor.
Betty3
Well-Known Member
The problem is that Detrimental Reliance is a contract law concept, not a labor law concept. Basically for a DR claim to work, all of the following must exist.
- It must be shown that an actual contract exists under the laws of the state in question.
- It must be shown that one of the parties not only violated the contract, but deliberately failed to mitigate the adverse affects to the other party.
- The other party must be able to show actual damages related to the other party's bad actions.
DR claims, especially in a labor law context are not impossible but are very difficult. Courts still consider Employment At Will to be applicable.
You would need to discuss with a lawyer.
- It must be shown that an actual contract exists under the laws of the state in question.
- It must be shown that one of the parties not only violated the contract, but deliberately failed to mitigate the adverse affects to the other party.
- The other party must be able to show actual damages related to the other party's bad actions.
DR claims, especially in a labor law context are not impossible but are very difficult. Courts still consider Employment At Will to be applicable.
You would need to discuss with a lawyer.
Share this page
