Employees rights as full time

Get Legal Help Today

 Secured with SHA-256 Encryption

Employees rights as full time

Can my employer make me change from Full time to part time (they want to cut everyone’s hours in half). it feels more like they are trying to avoid paying their part of the unemployment.

Asked on May 10, 2009 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Absent any violation of applicable laws against discrimination (such as on account of sex, age, race, religion, military status, etc.) and absent any contractual right (such as under a collective bargaining agreement or individual employment contract) if your employer is a private business, you generally are an employee at will, and if so the employer can terminate you or change your rate of compensation at any time and does not need cause or any specific reason to do so (although employers often give reasons to help them avoid claims of illegal discrimination).

However, if there is a substantial adverse change in working conditions, as this would be, for purposes of the right to unemployment insurance you could elect to regard the move to part-time as a constructive termination.

Contact the California EDD and discuss the situation with them to confirm this and to get some guidance if you want unemployment coverage, as you'll want to know if you must actually quit after the change in hours, and if so how to phrase any resignation letter, or if you can still apply for unemployment provisionally if you work half-time. 

By the way, the employer is probably saving not only half the salary but also the costs of health insurance. Unfortunately many employers are doing this to stay in business or avoid firing half the staff.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption