Asked in Employment Law

Q: my employer only gives me a total of 10 hours of shifts in during 30 days

hello there, my employer is refusing to give more hours, telling me that the business is going slow and should give hours to other old emplyees, knowing that i was hired as a part time emplee

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2 Lawyer Answers

A: The situation you have described is not, of itself, unlawful. However, if you believe you are being passed up for hours for a discriminatory reason (i.e. based on race, sex, disability, religion, age) then your employer's actions could serve as evidence of discrimination in violation of Title VII of the Civil Rights Act of 1964.

Eva Zelson
Eva Zelson
Answered

A: It does seem reasonable to be given fewer hours because you have less seniority than other employees and because of your part-time status. Part-time employees can work up to 30 hours per week, but you are being scheduled far below that threshold. However, there is nothing unlawful about this pattern of scheduling, unless you notice that the employees who get more hours are different from you in some way beyond seniority. If you feel your employer is not giving your hours because of your age, race, nationality, or other protected status, contact an employment discrimination lawyer to discuss the details of your legal options.

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