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PART TIME PREDICAMENT Colorado

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  • PART TIME PREDICAMENT Colorado

    I would love to see if anyone knows more about this... Here is a history.

    In December 2009 I resigned. My employer talked me in to going part time as it would have really put them in a bind considering caseload for the others- also, they were aware due to budget cuts that they would have to cut one of the 4 members in my position down to part time regardless, so it seemed to benefit both of us.

    Now, another full time worker has resigned. I am being asked to consider working MORE hours. My supervisor has started making "suggestions" that a Part Time caseworker just "doesn't work" however emphasizes it is not me that is the problem. I get positive performance evaluations and have a good track record of the quality of work I do.

    Question: If I tell them I am happy with the hours I currently have and I have a signed agreement with my agency, can they lay me off or fire me on the grounds that I was not willing to take on more hours when another employee resigned? Do I have any rights as a part-time worker?

    THANK YOU for anyone who can help me figure this one out. I feel taking on more hours is a step backwards and that the other full time employees claim a part time caseworker isn't working because they are not in the position I am in to simply state that my hours have been met for the week and I can go home. There really is no basis that it doesn't work as I have made some major accomplishments with my cases since going to part time and I believe that the others are fearful of the added work load if I do not take more hours.

  • #2
    Question: If I tell them I am happy with the hours I currently have and I have a signed agreement with my agency, can they lay me off or fire me on the grounds that I was not willing to take on more hours when another employee resigned? Yes. And it would be a firing, not a layoff. A layoff means you are subject to recall.

    Do I have any rights as a part-time worker? You have the same rights as a full time worker. However, those rights do not include being free to refuse to work the only the hours you want to work, without penalty. You wouldn't have that right as a full time employee, either.

    You are, of course, free to refuse and take the risk that they will not fire you. I have no way of knowing if they will or not. But they CAN and if they do it will be legal. You are also free to find other employment with a schedule that suits you, and quit. What you cannot do is set your own schedule, or hours, without risk of termination.
    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.

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    • #3
      Thank you- one more ?

      Thank you so much for your answer.... however, what exactly is a CBA? I am assuming since I do not know what it is I didn't sign one, though I do have a contract outlining that my job is 20 hours per week, not to exceed (When they drafted it they were worried I would cost them too much money in over time and concerned about my working going over those hours).

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      • #4
        CBA - Collective Bargaining Agreement. If you have a contract, you can take it to an employment or contract attorney for review & advice.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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