Can my employer switch me from full-time to part-time without first notifying me?

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Can my employer switch me from full-time to part-time without first notifying me?

I went to use my paid time off as I’ve been working full-time for over a year, however human resources told me that I was switched to part-time a long time ago and that I had no paid time off. Nobody told me and I’ve continued working 40 or more hours per week. I was given a benefit packet when I was moved to full-time. And human resources was also unable to tell me the date I was put down to part-time. What can I do?

Asked on March 14, 2019 under Employment Labor Law, Nevada

Answers:

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

Answered 2 years ago | Contributor

Most work relationships are "at will". This means that a company can set the conditions of employment much as it sees fit (absent some type of legally actionable discrimination). So unless this change violated the terms of an union agreement or employment contract, you have no claim here. That having been said, it could only take place after you have been notified for work going forward (i.e. yet to be performed). In other words, a change such as this cannot be made retroactively (i.e. after the fact).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They can change you at will, but only after notice to you: the change is effective from the moment of notice foward. Retroactive, or after the fact, notice is NOT valid and effective. Now that they told you, from this point on, you can part time; but before you were told, you were still full time, and still earning all the benefits (such as vacation time) you were supposed to earn as full time. If you employer will not pay/provide you what you earned, you could sue them for what you are entitled to.


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