If a new person was hired to make the schedule at my workplace, what can I do if she hired all her friends but doesn’t have the authority to fire me so she just won’t give me any hours?

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If a new person was hired to make the schedule at my workplace, what can I do if she hired all her friends but doesn’t have the authority to fire me so she just won’t give me any hours?

I have not worked for over a month because she says she promised all the hours to her friends. My boss will not do anything about it. What can I do?

Asked on July 5, 2015 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The fact is that unless your treatment violates company policy, an employment contract or union agreement, etc., your employer is within it rights. In other words, there is really nothing that you can do. 

Additionally, no form of actionable discrimination can be a factor in your treatment. So, for example, if you are not being given any hours due to your gender, race, religion, etc. that would be against the law. However, not being given hours so that the scheduler's friends can get them is not illegal...unfair but not illegal. 

That having been said, you may have a case for "constructive discharge". This happens for a variety of reasons, including yours. You are effectively not being allowed to work due to no fault of your own. Since you are ready, willing and able to perform your job duties but are not being put on the schedule, you may at least be able qualify for unemployment benefits. You can check with your state's labor department to find out.


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