Can I sue the company for keeping me as seasonal to avoid paying me benefits?

UPDATED: Sep 30, 2022

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Can I sue the company for keeping me as seasonal to avoid paying me benefits?

I have been working for the same
company for the past 3 and a half
years. They have had me as seasonal for
the entire time. I don’t get to receive
insurance or guaranteed hours. They
won’t add me as a permanent employee.I
threatened to quit if they don’t offer
me a permanent position and they said
there’s nothing I can do.

Asked on April 1, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They are right, unfortunately: there is nothing you can do. A company has completely free discretion as to who to add as a permanent employee, and completely free discretion, if they hire someone, to set their status (e.g. full-time, part-time, or seasonal) and their hours. It is your employer's choice, not yours, and you can't make them change this or otherwise give you benefits.

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 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.

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