I have a contract stating that I am a full time employee that is supposed to work 40 hours a week and I just got the schedule and I’m working 25 hours, what can I do?

Asked on October 26, 2015 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If it's a "real" employment contract, you can enforce it in court, if the company will not voluntarily follow its requirements--i.e. you could sue for the pay due you for the extra hours, if necessary.
It's a "real" contract if it is signed by both you and a company representative *and* it does one or more of the following: 
1) Is for a definite time (e.g. states that you are employed for one year);
2) Limits the reasons you can be fired; and/or
3) Provides some process that must be followed to change or terminate your job.
If it limits discipline or termination or guarantees your employment for a certain period, it is likely an enforceable contract. But if it does not do this, then it's most likely not an enforceable employment contract, but is simply a letter or memo describing what your job was contemplated to be like at the time you received the document but would not bind or obligate the company to maintain your job in that fashion (i.e. at that number of hours).

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