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  • Bad practices Arizona

    I was moved into a position with a set schedule promised. The promised schedule is correct on paper, but i am continuously being forced to work 3, 4, and sometimes 5 hours past my scheduled time. My set schedule is 20 hours a week, and with that I am part time. but i will be forced to work up to 38 hours a week and not receive full time benefits. Is there any problems with my employer doing this? Do i have any options besides going job hunting and quitting?

  • #2
    First of all, let me say you job hunt first and when you find one, THEN you quit, because you certainly aren't going to get unemployment benefits if you quit because your employer required too MANY hours.

    Second, a "promise" hardly ever rises to the level of a bona fide, enforceable contract. Therefore, the employer can change your hours as he deems necessary. Most people who are working part-time would jump at the chance for almost full-time hours, even if just for a short period of time.

    Whether or not you should be eligible for benefits or not depends on the type of benefit and the policy or plan rules that definte eligibility for that particular benefit. If the benefit is governed by ERISA rules (those would be benefits like medical and dental insurance), the employer must adhere strictly to the rules of the plan or risk jeopardizing the tax-preferred status of the plan altogether. How long is this increase in hours expected to last?

    Does the employer have a 401K? There are special rules regarding that particular plan.

    For benefits like vacation, holiday, and sick time, the company policies should apply; there are no government agencies that govern what those policies say and to whom they may or may not apply.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      by promise i mean my written schedule reflects the discussed hours. There is no expected end date which is partially the problem. I do have a 401k threw the company. What might be the special rules? and so as far as company policy I'm screwed because in the eyes of the company I'm part time

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      • #4
        A "promise" is not a contract. Nor need the "promise" be adhered to forever. The employer can change your hours in this situation to what they need you to work.

        Re 401K
        In general, an employee must be allowed to participate in a qualified plan after meeting the following requirements:

        •He or she has reached age 21 - An employee can be excluded for not having reached a minimum age (which cannot exceed age 21)
        •He or she has at least one year of service - For qualified plan purposes, a year of service is generally 1,000 hours of service performed during the plan year. Employees who do not perform 1,000 hours of service are not considered to have performed one year of service, even if services were performed for a 12-month period.
        http://www.investopedia.com/universi...ifiedplan1.asp
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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