Is there a law regarding current part-time employees being offered fulltime positions before new employees are hired?

UPDATED: Oct 1, 2022

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Is there a law regarding current part-time employees being offered fulltime positions before new employees are hired?

Also, what is the law for when a new schedule should be put out. How much notice should be given? I work for a hospital, who the manager and director hold a schedule until the day before, before putting out. And there was a full-time position open that I applied for. Yet never heard anything or given the opportunity for it. Just to find out they hired a new employee full-time. When I’ve applied up to 10 for full-time positions. Every time one came available I’ve applied and not even considered. I can’t call HR because they call the manager and then there is a meeting in her office. That ends up being a bullying session. And now the schedule is due in 2 days and no new schedule. What can I do?

Asked on December 20, 2018 under Employment Labor Law, California


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

Answered 3 years ago | Contributor

Absent a union agreement or employment contract guaranteeing patt-time employees preference in regards to full-time hire, then they have no such claim. The fact is that a company can set the conditions of employment much as it sees fit, absent some form of legally actionable discrimination. 

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