Q: I was hired as part-time in Nov. 2017, but was worked full-time hours from Nov. 2018 - June 2021. Is this legal?
I was hired as a guest-service associate in 2017; it was considered a part-time position. However, from November 2018 to June 2021, I assumed the responsibilities of a receptionist with some administrative-assistant related responsibilities. I typically worked 38-40 hours a week on average, but was never given any change in my job title, & no acknowledgment of having full-time status. Hence, I was never given full-time benefits such as paid time off, sick time / catastrophic pay, paid holidays, nor any of the other benefits that “full-time positions” received. In 2019, I was offered health benefits because I worked more than 30 hours a week, but I never received any other full-time benefits that other “full-time positions” received—and I never received any full time recognition. Essentially, despite transitioning into working full-time hours & having more demanding responsibilities, I was only recognized as a guest service associate—a “part-time position.”
A: For small employers, benefit plans tend to be offered on a voluntary basis: there is generally no legal requirement that small employers provide health or welfare benefits to their employees, unless your employment contract requires it or your employer is providing the same benefit to similarly situated people, not just you (discrimination). You should consult an attorney to analyze your situation.
Bruce Alexander Minnick agrees with this answer
A:
Unless your initial job as a "Guest Service Associate" was with a very large hotel, corporate or timeshare resort, there is little chance that employer will go back and give you the benefits given to full-time employees--without a fight.
Why? Because Florida is an “at will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.” The only thing employers cannot lawfully do is to make any of these employment decisions solely based upon the employee’s race, gender, age, national origin, handicap, disability, religion, or whether single or married or pregnant.
However, you might want to contact an employment lawyer and pay them to review your complete employment status and get much more relevant information about the job than presented here.
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