Bend, OR asked in Employment Law for Oregon

Q: Is this workplace retaliation?

I have been a temp employee for 3 years in oregon. I have a good hourly, and when I have work I work 32-38 hours a week. I found out a few months ago that I should have been getting paid sick time and access to a 401k, due to the fact that in jan of 2016 temporary employees in oregon are eligible for sick time and I work over 1,000 hours a year. I sent an email to Corporate hr asking for sick time and they replied that we do get sick time. In office management had no idea we got sick time and said that wasn't the intention of the role.

I found out tonight at our work Christmas party that they want to reduce temp employees hours to 20 hours a week or possibly reduce hourly pay because we just got sick time and a 401k, or try to convert us to full time. I like my flexible schedule and don't want to go full time. If the company reduces our hourly wage and hours, is this retaliation for asking for lawful benefits? I have a signed contract for wage.

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1 Lawyer Answer

A: But, it does not sound like you asked for the sick time. As in, they found out and now need to reduce costs.

If someone did make a complaint to the state or the employer, and their hours were then cut, that gets the ball rolling as to retaliation.

Unlikely the 401(k) is going anywhere, that is a benefit, not a right.

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