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Unfair? You bet! IL.

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  • Unfair? You bet! IL.

    I am employed at a local restaurant, and the management is continually cutting hours of the hourly wage staff but not equally. I have gone from 25 hours to 14. The excuse is that the corporate office is cutting the team member hours because of budget issues. Ok that's fair enough, but then please explain to me why new employees are continually being hired, hour cutting is is not equal among the same section team members, and others are offered full time and occasionally overtime?
    What are my options to rectify this situation, as I feel this is a form of discrimination and unfair labor practice. I believe the existing employees should be offered the hours the company is hiring new employees to fill.

  • #2
    Unfair, maybe; illegal, no.

    Unless you have a bona fide contract that guarantees you a particular number of hours, the employer is free to amend your work schedule as he likes and hire as many people as he wants to. Nothing in the law requires that schedules be based on seniority. What you have described does not meet the definition of illegal discrimination.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.