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change in employment status to prevent termination - Texas

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  • change in employment status to prevent termination - Texas

    i have been a full time hourly wage employee for 4 years. i have been warned twice in writing about absenses. i missed 2 days due to pneumonia (documented) and when i returned to work was presented with a change in employee status contract and asked to sign (i haven't yet). the contract stated that as of december 1st i would be considered a contract employee, paid a certain hourly rate, and would called as needed to work. that day my boss posted an ad on a job search site for a part time employee with flexable hours, and bought a new computer for said part time employee, now im fielding these calls from my "replacements". it would appear to me that he's using every avenue to not have to pay any unemployment benefits. my question is this, can i tell him that unless he can guarantee me a certain number of hours (part time even) as a contract employee, then im not signing his contract agreement? and if part time and flexable is what he is wanting (from his ad posting), then why wasn't i offered the part time option instead of contract as needed? any advice on how to follow this through?

  • #2
    can i tell him that unless he can guarantee me a certain number of hours (part time even) as a contract employee, then im not signing his contract agreement?

    You can tell him anything you want. But he's not under any legal obligation to guarantee you any particular number of hours. If he's not willing to agree to your demand, then he doesn't have to offer you anything at all. Then you're the one left without any hours. Or any paycheck.

    and if part time and flexable is what he is wanting (from his ad posting), then why wasn't i offered the part time option instead of contract as needed?


    Perhaps because he didn't want to offer it to you. He's not under any legal obligation to offer it to you.

    any advice on how to follow this through?

    Yes. Remember that an employee who has already received multiple warnings for attendence (even if medical, and even if the medical reason is documented - from what you have posted, FMLA would not apply so even a medical reason is not protected) is not on particularly firm footing when it comes to making demands.
    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
      I understand all of the above. With it being presented to me like this, I'm technically not terminated, only changed in status. Therfore, he avoids having to pay unemployment?

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      • #4
        If your hours are reduced due to the employer's decision OR it's a "you may work this reduced hours position or you're fired", then you SHOULD be eligible for at least partial UI benefits based on the decrease in hours.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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