Part time working full time

[Peligroso27]

What is the name of your state? TX
A friend of mine is employed as a part time worker but for the past month has been scheduled and worked full time (40) hours. She does not have a problem with this and welcomes the full time position, but the management has told her there is not a full time position open. Full time workers at this company enjoy healthy benefits while part time employees do not. Is there any legal recourse here?
Thank you for any help in advance.

 

[ecmst12]

That depends entirely on what the benefits are and how the plans are written, how they define an 'eligable employee'. However even if it is defined by the number of hours worked, they would average it out over a number of months to determine eligibility. This is to avoid having to add and remove coverage on a weekly basis for employees with a variable schedule.