Unfair Hiring Tactics

[JAYCO987]

What is the name of your state? Florida
My wife was hired with the understanding that she would be full time, with benefits after 90 days. She completed her 90 days and got an exceptional review, then was told she was part time and not elligible for a raise or benefits ( her main goal was health insurance). In Florida, I've heard, That anything over 32 hours a week is full time employment.
This company has had her work 38-39 hours consistantly every week. Is there any recourse we can take to at least get her health benefits?
If we had known this was a part time position, she would have applied at a different place to be able to get benefits. Now she has to start the 90 day probationary period all over again.
She has gotten sick recently, not serious, but just the same it cost us out-of-pocket to see a doctor and get medicine, this would not have been as devastating to our budjet if she had gotten what was promised. Thanks for your input.

 

[Beth3]

In Florida, I've heard, That anything over 32 hours a week is full time employment. There is no State or federal law that dictates what constitutes full-time employment.

This company has had her work 38-39 hours consistantly every week. If this employer's standard work-week is 40 hours, then that would be part-time employment. Each employer gets to determine the number of hours that must be regularly scheduled/work to qualify as a full-time employee.

How many hours she needs to work to qualify for participation in the employer's group health plan is a separate matter and that can only be found in the Plan Document/insurance booklet. It could be 40 hours or it could be something less.

I don't know if your wife's employer purposefully misled her, or if there was some misunderstanding, or if the employer's needs changed after she started (which can happen.) If your wife was purposfully defrauded, then she may have the basis of a civil claim against them but the cost of pursuing that might well far exceed what she would be awarded if she prevails.

 

[JAYCO987]

Unfair Tactics

Thank you Beth3 for your response. I wanted to find facts before making an ass of myself. It just was so frustrating to think he led my wife on in thinking she was to have benefits (and he did) but it seems there is nothing that can be done other than finding different employment. It'll be their loss to lose a loyal and dependable employee. Again, thank you for the info.