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Not being given enough hours Illinois

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  • Not being given enough hours Illinois

    Hours are less now where I work. I used to work about 20hours, now its about 10-12 per week.

    I told my boss if I dont get 20 hours I will not work any hours.

    He told me if I dont work what I am on the schedule for this is a resignation.

    Can he do this - I have not resigned I just want more hours and wont work the hours he has given me unless they total at least 20.

    Is this constructive discharge?

    I am in Illinois


  • #2
    No, this is not constructive discharge.

    Unless you have a bona fide contract or CBA that specifically guarantees that you will never be scheduled for less than 20 hours, your employer may schedule you for as many or as few hours as he has work for you. If that means he only schedules you for 10-12 hours, then that means you only work 10-12 hours. There is nothing in the law that is going to force him to schedule you for the number of hours you want to work, and if you refuse to work unless you get 20 hours, that very well could be taken as a resignation.
    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.


    • #3
      I can see where it would be taken as a resignation if you told your boss you would work no hrs. if you couldn't work 20 hrs.
      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

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      • #4
        I can see where it would be taken as a resignation if you told your boss you would work no hrs. if you couldn't work 20 hrs.
        I certainly would view it that way.
        "Pluralitas non est ponenda sine neccesitate'' - Sir William of Ockham, a.k.a. Ockham's Razor


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