Is it legal for an employer to make a part-time employee work full-time hours for 3 months but refuse to consider giving them a full-time position?

Even though the employee was verbally promised numerous times that they get the full time postion.

Asked on June 27, 2012 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is unfortunately completely legal--the law does not require employers to make anyone full time, or prevent them from taking someone who has been working full time and making them part time (again). The only requirement is to pay hourly employees for all time worked, including overtime if more than 40 hours were worked in a week.

Promises are generally not enforceable unless you gave up something significant in reliance on the promise--such as giving up some other job opportunity. If you did give up something significant based on promises to make you full time, consult with an employment attorney about whether  you can hold your employer liable under the theory of "promissory estoppel"; but if you did not have to give up anything signficant, the promise is almost certainly unenforceable.


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