Can I sue if I was not given full-time hours?

I’ve been working for 5 yearsat a national retail chain. I’ve been trying to get full-time since I started. I work my butt off and do everything around there. Now, they’ve hired someone; he’s worked there only about 6 months. His dad is the manager at another pf their stores. I just found out that they gave him full-time already. When I asked why he got full-time and I didn’t, they told me because they “accidentally” scheduled him 40 hours too many weeks in a row. Therefore, they have to give him full-time. Can I file a lawsuit?

Asked on July 29, 2012 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country you have the legal right to bring a lawsuit for not getting full time hours at work. The issue is whether or not you will prevail and what would be your damages?

Is there some unwarranted discrimination against you or is the other employee better suited for the position he received.

The problem of filing suit is that if you want to remain working where you are, the lawsuit is not the way to go about it. I suggest that you speak with your supervisor about your concerns and try to resolve what needs to be resolved so you can get full time status.


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