Is it legal to hire a full-time employee while cutting the hours of an existing full-time employee that can do the same job?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal to hire a full-time employee while cutting the hours of an existing full-time employee that can do the same job?

I have worked for my company for 1 1/2 years, never late or called out sick. I was notified my hours would go from full-time to part-time effective immediatly. Yet, on the same day a new full-time employee was hired to do the same job I’m qualified to do.

Asked on June 5, 2012 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately, this is normally perfectly legal: employers have complete discretion as to employee hours and staffing levels, and may hire new staff while firing or cutting hours of existing staff. It would only be illegal if:

1) You have an employment contract, which is violated by these actions.

2) You can show that the reason for the negative treatment of you is illegal discrimination (e.g. discrimination against you on the basis of your race, religion, age over 40, or disability).

3) You are being retaliated against for using a specifically protected benefit, like FMLA leave, or for filing a protected claim, such as that you were discriminated against or for overtime.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption