If I accepted new employment under the condition that it would always be full-time but I was only given 14-25 hours of work each week, is there anything I can do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I accepted new employment under the condition that it would always be full-time but I was only given 14-25 hours of work each week, is there anything I can do?
I had a full-time job and left it because I found what seemed like a better opportunity with another company. In my initial interview with this new company, I was told that the job would always be full-time. However, after 5 weeks of working there I have never been given more than 25 hours of work and the past 2 weeks have only been 14 hours each. Because of this, I am having trouble keeping up with my expenses. Is there anything I can do about this?
Asked on May 31, 2012 under Employment Labor Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You may have legal claim against the employer. Normally, an employer is free to modify, change, or reduce hours at will, so long as there is no employment contract specifying hours. However, if the following conditions are met, you may be able to enforce their promise to you under the doctrine of "promissory estoppel":
1) To take this job, you had to do something significant to your detriment, like leaving an existing job.
2) The employer knew or reasonably should have known you'd have to do that thing to your detriment.
3) Knowing you'd have to do that thing to your detriment, the employer nonetheless made you the job offer, to get you to leave your existing job.
4) It was reasonable for you to rely on the promise the employer made.
5) Acting in reasonable reliance, you did in fact leave your other job.
If all those elements are present, you may have a viable claim; if you think are or may be present, you should consult with an attorney to discuss the matter in greater detail. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.