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i have worked 38hours for the last 20years,same job last week my boss told me starting next week your hours will be cut to 16hours a week,is that legal

2006-09-29 07:41:16 · 26 answers · asked by haggis 2 in Politics & Government Law & Ethics

26 answers

depends on where you work. Some states are a "right to work" state, which is actually quite opposite from what it sounds. In these states, you may be discharged with no reason, reduced in hours or wages with no cause. Check with your state labor department for your state laws.

2006-09-29 07:44:28 · answer #1 · answered by Anonymous · 1 1

Unless you have some sort contract or other employment agreement, or some protection through a union, he can schedule you as he sees fit. You have little or no recourse except to quit (unless you can show they are discriminating against you for some reason).

Likely, they are doing this to save money. If you have been there 20 years you likely make more per hour than most others, its cheaper to give the hours to someone who has been on the job for less time. Also, you are now part time and so they don't have to offer you any benefits.

I agree with what many other have said. With 20 years on the job, you would expect some warning/reason for change. At the very least, it is reasonable to ask if this a permanent change or a temporary one. If you cannot get them to give you answers, look for a new job.

2006-09-29 14:56:43 · answer #2 · answered by Wundt 7 · 0 0

I will assume you are in the UK.

This is an awkward one because there are certain implied terms in a contract of employment, and there might be some express terms that cover this however if not you might be able to rely on custom and practice.

You need to be mindful of the reason for short time working, there may be a shortage of work. I agree that the notice was a bit short but there may be a valid reason for it.

Ask your boss why this has happened and will it be permanent or just a short term measure? There is an implied term called mutual trust and confidence. You do have a right to be kept informed of developments.

Good luck.

2006-09-30 07:54:30 · answer #3 · answered by LYN W 5 · 0 0

Totally legal. The schedule last year may have shown that there is no business (or not as much) at this time so we don't need as many people working at one time. Or maybe they thought they were doing people a favor by hiring and cutting hourse.

Do you need this money? (I'm assuming you do) If so, explain this to them and ask for more hourse.

Maybe the company is about to close.

Do you work in a big company that is around the world? If so, you're probably out of luck.

If not, just talk to the boss.

2006-09-29 14:54:16 · answer #4 · answered by chaoticmagician 2 · 0 0

I don't think they can but you really need to take proper legal advice. Even if you don't have a written contract of terms and conditions, the fact that you have been working 38 hours per week for the last 20 years would, I am sure, be seen as a binding contract.

This will be easy enough to prove from payslips or bank statements etc.

Get advice and good luck.

2006-09-29 17:03:35 · answer #5 · answered by Sally J 4 · 0 0

If in the UK:

No they cannot, this would amount to a termination of employment, you can make a claim for constructive unfair dismissal!

It may be an unlawful deduction of wages, but given that they have cut your hours your better off with the above.

I suggest you check your house contents insurance, it might have legal expenses insurance cover and would probably assist you is claiming against your employer through the Employment Tribunal. I would say you have a very good case and your employer will be heavily penalised for his actions.

2006-09-29 14:56:43 · answer #6 · answered by Nick B 3 · 0 0

Yes it's legal. They can change your schedule any time they see fit. However, if you are going to be losing any benefits, you may want to talk to the Wage and Labor division in your state and make sure they can do that. I know companies have to cut back sometimes when things get tough or there isn't enough business. Maybe they can give you a reason why. Good luck!

2006-09-29 14:45:32 · answer #7 · answered by ? 3 · 1 0

Use Your Union or ACAS. If you have a Contract of Employment, that should tell you your agreed hours.
If your Employer has not given you a Contract, that is illegal.
Sounds as though he is sneakily forcing you out, rather than pay Redundancy.
Your Employer obviously has never heard of Constructive Dismissal.
Tribunals force very nice Compensation payments for that. Plus the very bad publicity, somehow it leaks to the Press.

2006-09-29 16:16:27 · answer #8 · answered by rogerglyn 6 · 0 0

yes and no at my job if someone is full time they have to work 25 to 40 hrs a week and the managers have to schedule them as such. If part time they have to work 20 to 35. But if they are casual help they are schedule as needed and what payroll will allow. Also i used to be in management and cutting someones hours is a way of getting them to quit so you don't have to fire them
So i don't know your policy but it may be perfectly legal

2006-09-29 15:45:21 · answer #9 · answered by Big Daddy R 7 · 0 0

Well, if the jerk didn't give you notice, then find a better job. When you acquire one, don't give him notice. Let him just find out one day when you don't show up to work. Make sure you document everything, though. That way if it's ever brought up in question as to why you did that sort of thing, you've got proof.

2006-09-29 15:02:25 · answer #10 · answered by Anonymous · 0 0

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