What to do if I work for a retail store and my manager recently started basing all employee hours on whether or not they get customers to sign up for credit cards or buy extended warrenties?

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What to do if I work for a retail store and my manager recently started basing all employee hours on whether or not they get customers to sign up for credit cards or buy extended warrenties?

It is creating a hostile work environment as she is basically threatening us with our hours of work. She is not basing hours on over all job preformance in turn causing great employees to loose hours and unreliable employees to gain hours. Are we protected from this in anyway since it isn’t stated anywhere in any handbook or procedures. Are we protected in anyway?

Asked on December 21, 2012 under Employment Labor Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, you are not protected unless you have written employment contracts guarantying your hours. Without contracts you are employees at will; an employer may set the hours of employees at will on any basis the employer wants, such as by basing them on "selling" credit cards or warranties to customers. It does not matter if this causes "great" employees to lose hours (though if the employer only values the credit cards and warranties, someone who is not getting customers to take those is not "great" in the employer's eyes) or causing "unreliable" employees to get more hours; the law lets employers punish the best and reward the worst, if the employers want.


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