Is it legal for my employer to cut my hours from 38 to 16 simply because I can't work 40 standard hours?

Just Me

Speak to someone in HR or an employment lawyer. I am not sure if it's legal as every corp has an employment agreement.

I'd think it's harrassment. Trying to get you to leave on your own by downgrading you rather than just outright firing you, which they probably don't have grounds for.

Heather V

It is 100% legal

Pink Tresses

Yes, and because you refused to work a full schedule when work was available he may be able to fire you, and you would be ineligible for unemployment.

AtomiK Kitten

Yes it is legal. There isn't much difference between 37-39 hours and 40 hours.

Unsub29

Yes, it's legal. You might want to feel fortunate that he's still keeping you on at all. I'm not saying that I agree but that's how it is. You should try to adjust your life around your work schedule. I know that's difficult especially if daycare is involved. I don't understand that at all. Apparently daycare centers forget who pays them and how the persons that pay them get the money to.

Mr GooglyMoogly

Yes in most states. Most employment is at will so they can do what ever they want including terminating you.

missmissouricutie

Yes, it is legal, if you live in an "at will" state. This means that you can literally go to work one day and they can say "we no longer need you." Now, 99% of companies won't do that without just cause. But there is that 1% that will abuse that privelege. If you say you can longer work 40 hours per week, they cut your hours as punishment and to push you out.

Kathryn P

First, is there any way to add those simple few hours? Maybe take 30 minute lunches instead of an hour? Come in 15 min earlier, and leave 15 min later will help too. Just trying to show alternatives to a straight 8:00 to 5:00 with an hour lunch schedule.

How can you work 39 hours but not 40? That doesn't make much sense to me, but I am a work-a-holic and would work 70 or more hours if it were necessary.

You were not very clear on why you could not squeeze in those last few hours.

But to answer your question, a boss can do whatever they want. if they hired you for a 40 hour work week and you tell them you cannot, you are not upholding your part of the agreement and so the boss is not obligated to keep you at all. When you go from full time to part time you lose all kinds of benefits, like paid holidays, insurance, other perks, and you also lose the salary rate that you have been paid as a full time employee. He can do what he needs to in order to get the job done.

Now if you want, you can talk to your boss, professionally, and see if there is a way to work a different kind of schedule, or telecommute, or something in order to get in the full 40. Is he replacing your position with a 40 hour person? You did not say. If he is not, then you should be able to rationalize with him that if he cuts your hours, he will get less results because you will not be provided the time to take care of your responsibilities.

It is legal, though. It's his responsibility to ensure the work gets done.

Jim

If you are in a at will state you are lucky to have a job.

rwa000

Of course its legal , if you cant work full time like he wants than he can do what is best for him not for you , completely legal

Yes

coachP

Unfortuneatly for you, this is legal. If he needs someone to work full time, it's his way of doing it. If I were you, I'd look for another job, because it looks like he's trying to get rid of you anyway.

Sweet T

actually it is totally legal they can do what ever they want really. sorry about that. if i were you i would look for a better job cuz thats just killer to get your hours and pay rate cut. thats just crappy on the managers part.

michr

yes it is legal and the correct thing to do.
if you can not perform the essential duties of the position then the employer needs to make the needed adjustments to put someone in place who can.

to you it is just a couple of hours but those hours must be covered, it is not cost effective to pay someone overtime to cover those hours. the cost effective way is to make a part-time employee full-time and move you to the part-time position. it is a matter of operating a profitable business that achieves it's budgets.

they are giving you the benefit of the doubt and an opportunity to continue working by making adjustments to scheduling.
if you want the pay and hours that you originally had then, it is up to you to, make yourself available. you can't limit your availability and then complain when it does not work into the employers plans or fit their needs.

The Darkness Returns

It is probably legal and if I was use I look for another job (if there's one available for you due to the f-ed up ecomony).

lisha

what if your boss is cutting your hours because she just doesnt like you is it legal then? She wont even act like an adult and tell me what i did to make her upset so i can fix it. I would like I really like my job.

nana

In Michigan is it legal to work an employee full time hours,but deny him benefits available to full time employees simply by classifying him as part time ?

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