passed over for full time position

R

rtsmith

New Member
Jurisdiction
California
I and 3 of my co-workers were downgraded from full time to part time when administration decided to cut us from 2 respiratory therapists to 1 per shift. Fast-forward 2 years and they have put us back to 2 per shift, however they have declined to reinstate the 4 part-timers to full-time status because as the administrator stated, they did not want to pay the benefits for full-time employees. The issue is that recently, the Director of Nursing made one of the therapists that was hired 3 or 4 months ago full-time. There was no mention of a full-time position being added. There was no open posting. No one approached any of us who had previously been full-time to offer us our position back. Today i learned that another new hire had also been made full-time, same situation as before. I did not mention that the 2 employees who had been made full-time are close friends with the dept lead. Is this legal? I would like to know if there is any thing i can do about this situation. I would greatly appreciate a response with some useful info.
 
Unless you have a legally binding and enforceable contract or CBA that expressly guarantees that you must be offered full time benefits before anyone else can be hired into a full time position, then yes it is legal and no, there isn't anything you can do about it.
 
Ok, what about the fact that there was no announcement that full-time positions were being made available and we were given no opportunity to compete for those positions?
 
rtsmith said:
Ok, what about the fact that there was no announcement that full-time positions were being made available and we were given no opportunity to compete for those positions?
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Jobs aren't protected by rights.
Yes, there are some protected classes of people, but they still get fired, too.
They also don't get hired.
Once things go sour at any job, they can never be repaired.
When things sour, you need to start seeking new employment ASAP.
You could be fired tomorrow because your boss doesn't like you.
The flip side, you could quit toning, never tell your boss, because you hit the lottery for $200,000,000.

A bowie knife cuts either way, and is equally sharp on either side of the blade.

In this country, we are still free to make our own choices, and that applies to others when it concerns you.
A spouse need not offer the other spouse an explanation for just packing up and moving to Cyprus.
Time to find a new pasture, boss.
 
It would have been nice had they offered you back a full time position but it wasn't illegal that they didn't. (minus a binding contract to the contrary) Sorry.
 

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