If I am a seasonal employee, can my supervisor place me on call but then cut my hours?

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If I am a seasonal employee, can my supervisor place me on call but then cut my hours?

I have been working for 16 years with the city. My employer cuts my hours almost every other month. Now she has me on call but only gives me 2 days a week of work, then she puts me on the schedule as she needs me. This is very frustrating and I do not want to quit to find another job. I am afraid if talking to her manager that she may fire me. I have bills to pay and worry that sometimes I won’t be able to pay them. She also hires friends and overlooks me for the hours I may need.

Asked on May 28, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, everything you describe is legal, unless you (1) have an employment contract which guarantees you hours; or (2) you can show that you are being treated worse than others due to illegal discrimination (the main kinds of which are discrimination based on race, sex, religion, age over 40, or disability). Other than that, an employer is not obligated to give you any particular amount of--or even any at all--hours; the employer may also choose to favor certain employees or job applicants over other ones, as long as the favoritism is not based on illegal discrimination. In particular, an employer may favor friends and family. And an employer may schedule workers for its convenience, not theirs.


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