• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wondering about my full time hours being cut

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Eliza456

Member
Hi everyone I have a question about my employment I was hired as a full time employee and recently some downsizing is secretly going on in my workplace. I now recently discovered my hours have been cut back to 35 a week is this legal?
 


LdiJ

Senior Member
Hi everyone I have a question about my employment I was hired as a full time employee and recently some downsizing is secretly going on in my workplace. I now recently discovered my hours have been cut back to 35 a week is this legal?
There is nothing illegal about that. Have they cut off your benefits?
 

cbg

I'm a Northern Girl
Of course it's legal. Unless you have a legally binding and enforceable contract that expressly states how many hours you must be given per week, you are entitled to work exactly as many hours as your employer wants you to; no more and no less. Since for purposes of the ACA, which despite what you read in the papers is still the law, anything over 30 hours is still considered full time for health insurance and since you can be less than half time and still qualify for most retirement plans, I'm going to assume that the answer to the above question is No. If it is not, post back because in that case you've got a far different question than you think, and please include what benefits were cut as it makes a difference.
 

HRZ

Senior Member
State may matter, please add it and your prior normal hours, those might in a few cases matter .
 

HRZ

Senior Member
In all states as far as I know ..( absent issues of discrimination by age, race, sex etc) ..in some states the size or % of the hour cut may trigger UC or partial UC eligibility ...( a cut of 20 % or more would be required in NJ where I last addressed UC but we don't know where OP may be )
 

cbg

I'm a Northern Girl
Much as I hate to admit it, HRZ does have a point. No matter what the state, the reduction is going to be legal; no question about that. But he's right that there are states where prior notice of a reduction is required. That will NOT make the reduction illegal, but may require that she be paid for her former schedule for the duration of a state required notice period. It's also possible - unlikely, but possible - that UI may be available. However, we'd have to know the state to say if either of these things would be true.
 

Just Blue

Senior Member
Much as I hate to admit it, HRZ does have a point. No matter what the state, the reduction is going to be legal; no question about that. But he's right that there are states where prior notice of a reduction is required. That will NOT make the reduction illegal, but may require that she be paid for her former schedule for the duration of a state required notice period. It's also possible - unlikely, but possible - that UI may be available. However, we'd have to know the state to say if either of these things would be true.
Per OP's posting history the state is Michigan.
 

Eliza456

Member
I work and live in Michigan I didn't notice at this point if my 401k has declined I do have medical benefits but its to expensive to use. And I didn't get any formal letter or statement as to why.
 

HRZ

Senior Member
Rarely very rarely is an engagement letter a contract as to anything but the start...employer is free to change hours, days , schedules or rates going forward ...and assume for now it's not a contract .

Short answer is 2nd job or vote with your feet
 

cbg

I'm a Northern Girl
Everyone signs papers when they start a new job. That doesn't mean you have a contract for any specific number of hours. Nothing in Federal law or Michigan law requires that you be given any formal letter or notice and in no state are they required to give you a reason. If you notice that you're no longer enrolled in the 401(k) come back and tell us. (I don't mean that the amount being contributed is reduced - I mean that you are no longer enrolled at all.) Otherwise, your employer has done nothing illegal.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top