is it okay for my employer to take away my full-time status and benefits?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

is it okay for my employer to take away my full-time status and benefits?

I have been a full-time service provider for a spa for about 2 years. Full-time

service providers are required to work an average of 25 hours a week for the

year. They tried to have me sign a change of work status form losing full-time

to part time service provider due to insufficient hours. Our spa is busier in the warm seasons and drastically slows down in the cooler seasons. When business slows down service providers get involuntarily pulled off the schedule based on ranking. During the months of November through the first week of January, I was involuntarily pulled off the schedule a total of 130 hours. That doesn’t count any other hours for the rest of January and February that I have yet to calculate. I feel like should not be accoutable for those hours that I was

originally scheduled for but pulled off by management to save on labor costs.

Asked on September 5, 2016 under Employment Labor Law, California


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

Answered 6 years ago | Contributor

Was there a union or collective bagaining agreement that prohibited this change? Did your employer's action violate the terms of any employment contract? Did it constitute some form of legally actionable discrimination? If not, then your treatment was perfectly ermissable under the law. In such an "at will" work setting, a company can set the conditions of employment much as it sees fit. This, unfortunately, includes taking away an employee's full-time status and benefits. The fact is that a business can fire or demote an employee for any reason or no reason at all, with or without notice. Accordingly, your recourse here is to either accept the reduction, complain and risk termination, or quit.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Do you have a written employment contract which guaranteed you full-time status and/or prevented it from being taken away in this way? If so, you can enforce that contract and your rights, by a "breach of contract" lawsuit if necessary. But if you did not have a written contract, you were an employee at will and your employer has free discretion to change your status (or reduce hours, reduce pay, or even terminate you entirely) at any time, for any reason whatsoever. Without a contract, your employer could do this.

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 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