Can an employer send you home early - Florida?

[mmcbee]

What is the name of your state? Florida

Scheduled for a 40 hour week, 9 hours a day (minus 1 hour each day for lunch).

I was scheduled for a full day today, was sent home by the "co-manager" stating store was not as busy as expected. Can employer do this without compensating for my fully scheduled 8 hour day?

Second question. Same State.
If I work 40 hours prior to the end of the week, can the employer change my schedule on day five (typically will say go home a few hours before clock out time or take the day off) so as not to exceed the 40 hours to not pay overtime?

Thank you for your time

 

[BelizeBreeze]

I was scheduled for a full day today, was sent home by the "co-manager" stating store was not as busy as expected. Can employer do this without compensating for my fully scheduled 8 hour day?

Unless you have a contract specifying the number of hours that you are required to be compensated for each day that you work, yes, the employer has every right to send you home or go home himself.

If I work 40 hours prior to the end of the week, can the employer change my schedule on day five (typically will say go home a few hours before clock out time or take the day off) so as not to exceed the 40 hours to not pay overtime?

See above answer.

 

[Tivoli]

Any affect on health benefits?

How does that affect an employee's health benefits if an employer often sends their employee home early and reduces their average weekly hours to below standard full-time (40 hrs/week)? Some employee manuals state that only full-time employees are entitled to benefits.

 

[BelizeBreeze]

How does that affect an employee's health benefits if an employer often sends their employee home early and reduces their average weekly hours to below standard full-time (40 hrs/week)? Some employee manuals state that only full-time employees are entitled to benefits.

Then, if insurance is an issue shouldn't you be looking for another job? One that isn't less than fulltime?

 

[Tivoli]

Assumption of full-time when hired.

I'm confused by the response of BelizeBreeze. I don't know if you understood me.

The situation I am speaking of is of an employee who is hired as a full-time employee and this was an understood condition of employment before hiring. If an employer promises that, as a full-time employee you are entitled to health benefits, and then a few months later reduces your hours to less than full-time (through no choice of yours), can they also disqualify you for health benefits? Thus, changing an agreed-upon condition of employment after the hire date.

 

[BelizeBreeze]

O.K. one more time and I'm going to TRY to go slow and nice so Mary doesn't get all uppity

Unless you have an employment contract that not only stipulates you are GUARANTEED a 40-hour workweek and the EXACT TIMES you are to work, your employer can change your shift, your hours and anything else having to do with the length of time you work.

What they CANNOT change is any contractural agreement.

Now, since you NEVER answered the question regarding the existence of a contract, that's my last word.

 

[Tivoli]

Beware of Asking for Clarification! Just Don't Do It!

Something told me I would be subject to ridicule for asking for clarification from a superior attorney, but from Belizey's short vague answer, I think clarification was warranted, and NOT because I am SLOW. As far as being NICE in your response, maybe I should talk to MARY about that!

 

[cbg]

If working 40 hours a week is the criteria for receiving health benefits, and if for a period of time your employer consistantly does not need you to work 40 benefits and schedules you for less, then yes, that means you can lose your health benefits. It does not mean you will, as many employers, knowing that the short weeks are for a limited time, will not take your health benefits away. But legally they CAN.

However, the law would require that you be offered COBRA. Also, the employer cannot schedule you for less hours SPECIFICALLY TO PREVENT YOU from receiving health insurance.