If I am a part-time worker, should my employer give me more than 33 hours without having full-time benefits?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I am a part-time worker, should my employer give me more than 33 hours without having full-time benefits?
I have been with my employer (a national electronics and computer chain) for over 1 1 /2 years. I started as a seasonal emloyee for the holidays but they realized I have skills that they can further utilize on the sales floor in the biggest department in the business – tablets and computers. Hoping I would be given the opportunity to be part of the Geek Squad, I accepted the position with high hopes. Almost a year later, I’m still in the same department as a part-timer but I receive full-time hours. I need assistance in finding the answers I need; I’m currently sick with a flu with no health insurance despite the amount of hours I’ve worked.
Asked on July 1, 2012 under Employment Labor Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The way to begin in getting the answer to your question is to carefully review the employer employee hand book that presumably is in effect and carefully read it with respect to entitlement to benefits with your employer. The issue I see is that if your employer does not want to retain you on a full time versus the part time basis that you have, it is not required to do so.
Howver, if you are consistenty working as a full time employee with respect to your hours per week, then you might be entitled to the benefits of a full time employee. I suggest that you consult with an attorney that practices in the area of labor law for further issues concerning your question based upon the hand book I have referenced in this answer.
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 AttorneyPages.com 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.