Is it legal for my manager to cut my hours below insurance qualifications?
Find answers to your legal question.
Is it legal for my manager to cut my hours below insurance qualifications?
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I've been working full-time with a company for nearly a year now. I qualified for insurance in August and enrolled. In the past three months, I've developed a heart issue that I've had to see specialists and wear a monitor for. I've kept my managers completely in the loop with what's going on and provided them with documentation in the form of doctors' notes each time I've had to miss work.
Two weeks after I started having to wear a heart monitor, my managers cut my hours by a whole day-- they didn't give me any reason why, aside from "things just not being busy." This puts me below the 35-hours-a-week eligibility clause for my insurance. So despite the fact that I've paid out over $1000 to the insurance company, I'm going to lose my insurance, right when I need it the most.
Is this legal? It certainly seems amoral, but I'm not sure whether this is something I can threaten legal action over.
Additional Details
Additional info-- I am the only person with my hours being cut, and they're not on a hiring freeze either, they've recently hired new salespeople and a new mechanic. Sales are down, but not drastically. The condition is not pre-existing, I only started to experience issues in December.
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PiggiePants
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Don't ever threaten a lawsuit - it serves no purpose but to warn the other party. Instead, do some research, get an attorney, and FILE a lawsuit. Since you have a little free time, why not visit a 'no consultation fee' lawyer and let them determine if you have a case. Legally, employers can cut employee hours. But are they reducing other employee's as well, or is it only you? Have they put in place a hiring shutdown, are they cutting back any other perks? If they are using the economy as an excuse to cut your hours so that you are forced to leave or to reduce their insurance liability, you may have a case. |
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yn_tennison
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This is a tricky situation that is very dependent on the state you live in. If lack of business is the reason for your reduction of hours this could be a viable reason and difficult to dispute. Some questions that will need to be answered include:
- How many other employees work there?
- How many others had their hours reduced?
- Has business really been slow?
- Is there an agreement to increase your hours when business picks up?
- Do you have an employment agreement stating that you are full-time?
Depending on the answers to these questions it may not matter that you could possibly be entitled to benefits regardless of whether they cut your hours or not. Like I said, it depends on what state you live in.
You're best bet is to contact your State Department of Labor. Typically, it is not legal to reduce hours solely to prevent an ill / handicapped employee from receiving health benefits. They can steer you in the right direction.
(Note: If this was a pre-existing condition that you opted not to disclose then they may not be required to provide health benefits for it regardless of your hours.) |
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jobbend
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YOu need to speak to an attorney who specializes in employment law in the country/state/province where you work. Employment law varies widely depending on where you are located. You need to have all available facts and information for the attorney to evaluate. It is generally not wise threaten legal action unless you absolutely know you have a case. Thinks like size of company, type of job, industry regulations all play a part in the legal aspect of their decision. |
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