What are my rights if I’ve worked for a company full-time hours for over a year but have accidentally only been listed as part-time?

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What are my rights if I’ve worked for a company full-time hours for over a year but have accidentally only been listed as part-time?

Initially, I was intended to be part-time but before I was assigned a store, I was moved to full-time. Unfortunately, my employment status was never changed. We only discovered something was amiss when the company failed to pay me for Thanksgiving. When this was brought to my territory manager, they offered to correct my status but I would lose all the benefits I had worked for over the last year. Including not being retro-paid for any holidays I had not recieved and losing christmas and new years this year as well. Is this legal? Am I entitled to anything?

Asked on December 8, 2012 under Employment Labor Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

what you have written about is essentially an internal and not a legal issue with you and your employer. What needs to be done is to meet with human resources and have your status placed as full time up to the point you began being full time retroactively. In essence there would be a notation in your file that you are deemed full time back to a date over a year ago in your file where you get a copy of such as well.


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