Goose Creek, SC asked in Employment Law for South Carolina

Q: Benefits selection, hours change, fraud on my part?

I started working for global non profit as a temporary worker off a 3 year grant, initially at 20hrs a week max. So I was told I could get benefits because of this, and I signed up for medical and dental.

Before I could submit my hours for my first paycheck I was then told by my supervisor that I could only log 19 hrs a week. This would mean I couldn't get benefits, I email the hr lady about this and she never got back to me. My benefits stayed however, and I've even used them for a covid test.

My question is, could this be considered fraud? Should I call and have these removed? Any advice would be great

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA

A: Perhaps the issue is not whether you committed fraud, but whether your employer misrepresented the terms and conditions of employment to you. IMO you should log 20 hours a week, if you are working it, and let the supervisor violate the wage and hour laws by docking your time. Definitely consult with a local employment law attorney and don't just rely on information posted on a public forum. IMO when they hire you to work 20 hours a week with benefits, your supervisor cannot unilaterally change the employment agreement, but if you are an at-will employee, they can terminate you at any time except for an illegal reason. Employment law is complex, but this sounds like a misrepresentation about the employment compensation you would receive.

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