Cheated out of full time benefits...

[NHB.SQ87]

Hello. First let me say I live in NJ. I currently work for a company, Weis supermarkets. They scheduled me to work 40 hours a week, every week, for an entire year - yet still had me classified as "part time". According to their employee handbook, someone who "is regularly scheduled for 40 or more hours per week", should be considered full time. When I tried to correct this problem with them, they quickly cut my hours down to 32-35 per week. I am a bit unclear as to what I can do about this, legally. Any help would be much appreciated...

 

[Zigner]

Hello. First let me say I live in NJ. I currently work for a company, Weis supermarkets. They scheduled me to work 40 hours a week, every week, for an entire year - yet still had me classified as "part time". According to their employee handbook, someone who "is regularly scheduled for 40 or more hours per week", should be considered full time. When I tried to correct this problem with them, they quickly cut my hours down to 32-35 per week. I am a bit unclear as to what I can do about this, legally. Any help would be much appreciated...

Do about what? You don't get to control the number of hours they schedule you for...

 

[ecmst12]

What type of benefits are you concerned about?

 

[cbg]

So you were hired as part time; you were scheduled for full time hours; when you brought the discrepancy to their attention they corrected it and began scheduling you for part time hours. And this is a problem because....?

 

[NHB.SQ87]

So you were hired as part time; you were scheduled for full time hours; when you brought the discrepancy to their attention they corrected it and began scheduling you for part time hours. And this is a problem because....?

Sorry, maybe I should have elaborated. It is a problem, because I was, by definition per their handbook a "full time" employee - except they kept me classified as "part time" in order to avoid providing me with a benefits package. Health insurance plan, paid vacation, sick days, ect. This went on for a year, and when I attempted to have this problem corrected, they cut me down to 35 hours - in order to cover their ass. Except, from my understanding manipulating the situation in such a way does not seem legal. Sorry.

 

[swalsh411]

Not illegal unless you have evidence this was done to you because of your membership in a protected class. (and simply being in a protected class isn't good enough).

There is nothing stopping you from looking for a new job where you are full time with benefits.

 

[NHB.SQ87]

I'm sorry... make me understand, how can it be legal for them to hire me as part time, then have me work more hours than a part time employee according to their handbook, thus breaking their own definition, and ignore the fact that I am supposed to be provided with a benefits package that every other full time employee working the same amount of hours has? That doesn't seem right at all.

And if the store manager knew that he could operate like this with no worry, why then cut my hours to 35 per week?

 

[Just Blue]

I'm sorry... make me understand, how can it be legal for them to hire me as part time, then have me work more hours than a part time employee according to their handbook, thus breaking their own definition, and ignore the fact that I am supposed to be provided with a benefits package that every other full time employee working the same amount of hours has? That doesn't seem right at all.

it doesn't seem "right". Therefor you should get another job.

 

[cbg]

Okay, let's clarify something. Going to take this a step at a time. If you'll let me guide this discussion, we'll be able to determine if there was any illegality or not.

Is there a waiting period before benefits begin after hire? If so, how long? 30 days, 90 days? What?

I'm going somewhere specific with this so stay with me.

Just so you know, of the people who have responded so far, I am the only one who does Benefits full time.

 

[NHB.SQ87]

90 days. And if you are part time and then switched to full time, same rules apply.

 

[NHB.SQ87]

it doesn't seem "right". Therefor you should get another job.

You make it seem so easy. But yeah, I'm in the process of it. Still though, if I am owed something here I would like to know about it. How can it be legal for them to completely disregard the rules of their own company to deny me benefits that I have the right to?

 

[cbg]

At the end of the 90 days, how were you classified ON THE BOOKS. I'm not asking how many hours a week you were working - we already know that. If I were to audit your personnel records, what would I see you classed as?

 

[NHB.SQ87]

At the end of the 90 days, how were you classified ON THE BOOKS. I'm not asking how many hours a week you were working - we already know that. If I were to audit your personnel records, what would I see you classed as?

Part time. For an entire year.

 

[cbg]

At what time did you bring this to their attention?

 

[NHB.SQ87]

Exactly a month ago.