Q: Do I have a legal right for back pay if my employer hired me at full-time 40hrs, but has never given me 40hrs?
I work home health in which hours are generally dependent on pts consensus, but that is not specifically stated in my contract. My contract says full-time, and HR has specifically stated full-time is 40hrs.
You are considered to be employed as an at will employee unless you have an agreement to the contrary about that status with the employer. The employer of an at will employee can change the terms and conditions of employment at any time and for any reason or even no reason at all. The fact there is a written document stating full time does not change the fact that your employer can immediately lower your hours to any amount of hours, even zero, at any time and for any reason.
Your recourse for this is to quit whenever you want and for any reason and then find a different job.
Good luck to you.
A: Unless you have a contract with your employer that specifically stipulates that they will pay you for 40 hours a week, you likely cannot pursue unpaid wages in this case. While many people think of a 40-hour work week as full time, as few as 32 hours per week can be considered full time. In addition, employers can legally revise the job description and the weekly hours required for employees as needed. If you have a contract in writing from your employer, contact an employment lawyer to review it and discuss next steps.
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