Is is legal to cut hours and then hire someone else to work the hours that were cut?

My employer cut my hours from 40 to 15 per week. She said it was for budgetary reasons. However, she is now advertising for someone to work the 25 hours that she took from me.

Asked on July 21, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you had an employment contract specifying or guarantying your hours, this is legal. When there is no contract, an employer may terminate an employee at will, or do anything short of termination, such as reducing hours. The employer does not need to share with employee the reason for doing so; and if the employer does indicate some reason, it is free to change its mind, go back on what it said, be inconsitent, etc. Employers are always free, in the absence of a contract, to cut one person's job or hours while hiring another or extending someone else's hours.


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.