Can I make a case against my my employer if it lied about my permanent work hours?

Can I make a case against my county public govn’t food services if they lied about my permanent work hours to me? My mother is in process of getting disability due to spinal stenosis, slipped and deteriorated disks. That put her out of work as she is working as a lunch lady for the US governement food service but is on 2 months doctors paid leave. She was told by her manager she would have 5 hours permanent work since the beginning of the year but checking her online paystubs shows she is still at her old 3.0 hours. This would greatly impact disability benefits and I want to know my options to help her.

Asked on September 6, 2012 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the employer has lied in that it is not reporting the actual, correct number of hours, you may have a legal claim against it, if such is causing some loss or damage; if you  believe this is the case, you should consult with an employment law attorney. However, if the actual number of hours was in fact 3 hours, there would be no case--in that case, the promise would have been lie about payroll and employee work hours, which is illegal, and an illegal promise or agreement is not enforceable.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It would be up to an attorney that practices in the area of labor law to evaluate the possible claim that your mother may have with respect to permanent work hours and representations for such by her employer and its impact upon her disability claim. As such, a labor law attorney needs to be consulted to discuss the matter that you have written about pertaining to your mother and review documentation concerning a possible legal action.

My experience on such matters are that they are complicated and require review of documentation for an attorney to come up with an opinion as to liability and damages. As such, a labor law attorney needs to be consulted by your mother.

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