If I am a part-time worker, should my employer give me more than 33 hours without having full-time benefits?

I have been with my employer (a national electronics and computer chain) for over 1 1 /2 years. I started as a seasonal emloyee for the holidays but they realized I have skills that they can further utilize on the sales floor in the biggest department in the business – tablets and computers. Hoping I would be given the opportunity to be part of the Geek Squad, I accepted the position with high hopes. Almost a year later, I’m still in the same department as a part-timer but I receive full-time hours. I need assistance in finding the answers I need; I’m currently sick with a flu with no health insurance despite the amount of hours I’ve worked.

Asked on July 1, 2012 under Employment Labor Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The way to begin in getting the answer to your question is to carefully review the employer employee hand book that presumably is in effect and carefully read it with respect to entitlement to benefits with your employer. The issue I see is that if your employer does not want to retain you on a full time versus the part time basis that you have, it is not required to do so.

Howver, if you are consistenty working as a full time employee with respect to your hours per week, then you might be entitled to the benefits of a full time employee. I suggest that you consult with an attorney that practices in the area of labor law for further issues concerning your question based upon the hand book I have referenced in this answer.

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