Forced Resignation

[kismetique]

What is the name of your state (only U.S. law)? TX

Was hired in January full-time. At that time, I was the only employee in that department. I was working 7 days a week, which was fine.

Several months later, they hire a new department manager who then hires a part-time employee and my hours were cut to 5 days a week, which was fine - I was still getting 40 hours a week. This new employee and manager do not like me because I won't socialize with them after hours. I get harassed and written up for things I didn't do. I try to steer clear, do my job and keep quiet with a smile.

Now the manager has hired another friend of his and has reduced my hours to 2 days a week, which is impossible for me to pay bills. The first week I went to his supervisor and was told it was a mistake (which was corrected) and if he did it to me again to file a complaint with Wage and Labor ????

The following week he cut my hours again - obviously they now consider me part-time although I was hired as full-time. The new employee comes to me asking if she can have a couple more of my days because she is a single mother. I tell her I'm very sorry, but I have bills to pay as well and no, she cannot have any of my days. Since the manager and the other 2 employees are friends and socialize after work, he goes ahead and cuts my hours again. He is trying to make me quit buy cutting my hours.

I'm pretty sure he is within his rights to cut my hours to try and make me quit so he doesn't have to fire me, correct? I know Texas is an 'at will' state and he can fire me for any reason, but his manager has told him he cannot fire me (his manager hired me and likes me ).

Several managers keep telling me to file a Wage and Labor complaint? I have never heard of this or even if there is such a thing. I thought it was legal for him to do what he is doing - what is this complaint they are talking about and does or would it apply to my situation?

Thanks for any help.

 

[cbg]

On the basis of what you have posted, you do not have a basis to make a complaint. You are correct that he is entitled to hire as many people as he wants and schedule each of them for as many or as few hours as he wants. The only exceptions would be if he were choosing who got what hours on the basis of a characteristic protected by law (race, religion, etc.) or if you had a legally binding and enforceable contract guaranteeing you x hours a week (in which case you would still not file a complaint with the Wage and Hour folks, you would sue in court for breach of contract).

 

[Mass_Shyster]

You may be able to file for unemployment based on your reduced hours.

see Unemployment Insurance Benefits Information

2. Your separation from your last work

You must be unemployed or partially unemployed through no fault of your own to receive benefits. You should be prepared to present evidence that you tried to correct the problem before you quit.

Examples of qualifying reasons are:

• You were laid off due to lack of work.
• You are still working but the employer reduced your hours. (Your reduction in hours must not be the result of a disciplinary action.)
• You were fired without work-related misconduct. Examples of misconduct are a violation of company policy; violation of law; neglect or mismanagement of your position; or failure to perform your work acceptably if you are capable of doing so.
• You quit your job for a good well-documented work-related or medical reason. TWC may rule good cause if the work situation would cause a person who truly wants to keep the job to leave it.
  • Examples of possible good cause are unsafe working conditions or a significant change in hiring agreement, or not receiving payment for your work.
  • Examples of medical reasons are quitting on your doctor's advice, or quitting to care for a minor child, or quitting to care for a terminally ill spouse if there is no alternative care provider.
• You quit to protect yourself from family violence or stalking, evidenced by an active or recently issued protective order, a police record documenting family violence or stalking directed against you, or medical documentation of family violence against you.

 

[kismetique]

Thanks to both of you for responding.

You may be able to file for unemployment based on your reduced hours.

I was written up right at 30 days ago for not smiling enough and sent home for the day. Basically the part-timer showed up to work on his day off, so they needed an excuse to send me home. I was on a 30 day probation, which has now passed - but the smile is still plastered on my face.

During that time my hours fluctuated, but basically I worked 4 days a week. Only after my probation expired has he cut me to 2 days. Would there be any way they would consider that my hours were cut due to disciplinary action?

I'm looking for another job and have been for awhile, but there just aren't many of those out there right now and I just don't want my manager to get his way by forcing me to quit!

 

[Mass_Shyster]

Would there be any way they would consider that my hours were cut due to disciplinary action?

That's a decision the UI board would make. My opinion makes no difference.

If HR said it was a mistake, and now finds an unemployment claim has been filed, they may take a closer look.

On the other hand, your friend, the manager, may make your life even more miserable.

 

[pattytx]

And even if your hours WERE cut as a disciplinary action, that is not illegal.

I agree with stevef, go ahead and file for partial unemployment benefits. There's no penalty for being wrong, and at least, this way the employer will have to justify why your hours were cut. Right now, you're just guessing that was the reason.

But do not quit. By quitting, you've pretty much shot yourself in the foot for unemployment benefits.

 

[kismetique]

And even if your hours WERE cut as a disciplinary action, that is not illegal.

I agree with stevef, go ahead and file for partial unemployment benefits. There's no penalty for being wrong, and at least, this way the employer will have to justify why your hours were cut. Right now, you're just guessing that was the reason.

But do not quit. By quitting, you've pretty much shot yourself in the foot for unemployment benefits.

Yes, I understand that everything he has done is legal. Not fair, but legal.

Actually, I don't believe they cut my hours as a result of the write up - especially since my immediate supervisor was off on medical leave when I was written up. The part-timer got the night manager (they are dating) to send me home so he could work my shift. It's a Peyton Place there! LOL I think he has cut my hours simply to push me into quitting. The write up was bogus.

His friends kiss his behind, where as I do not. I'm very nice and respectful to him, but refuse to kiss his behind. He wanted to fire the whole department when he was first hired, but his super wouldn't let him....so it's been downhill from there.

I didn't think of him having to justify why my hours were cut if I filed for benefits - I like that idea!

No, I won't quit unless I find a much better job. But, ya know, the grass always looks greener over there, but chances are - it won't be.

Thanks for the opinions and ideas.