Webster, NY asked in Employment Law for New York

Q: Are there a number of consecutive weeks a parttime worker has worked 38 hrs or more where they can be made into fulltime

I am a part time employee working 38+ hours a week and believe that there is something that would constitute my job into full time with benefits at

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
  • New York, NY
  • Licensed in New York

A: Carefully review your employee handbook and/or all of your employer's policies. Although those policies, rules or guidelines usually do not form contracts most intelligent employer's will follow them. The reason for doing so is that employers will refer to those policies and use them in defense of discrimination complaints or charges.

On the other hand, if you see other employees working similar hours to you and they are somehow promoted or receiving those benefits maybe you are being discriminated. In that situation never draw conclusions or make assumptions yourself. Start calling employment lawyers and listen carefully for the ones who are able to formulate plausible theories under which you might recover.

Slam dunks rarely exist with employment cases. We often work in the background and suggest that employees not threaten lawsuits. Why? Because most of us are not trying to get you fired. But if you get fired after trying your best to receive what you should get and we see a viable discrimination theory under which you might pursue a claim we want to help. We are usually speaking with dozens of potential clients before we hear one who wishes to work with us and within the system the employee faces. Good luck!

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