Full-time hours, employer?
Asked by J D
If someone is hired for a full-time position but the buisness is slow and they cannot give the employee a full-time schedule due to no business, can the employee report the employer to the labor comission?? The employee is stating that they are being discriminated against, but if there is no buisness?? so the employee in question and other employees are sent home early if there is nothing to do. The employee states that they were hired as full time and that it is the employers responsibility to supply them with hours??? WTF...soooo, can someone give me some input...by the way i'm in texas if that matters at all and if this makes a difference we are a medical practice. Thanks in advance.

Best Answer:
I'm in Texas also. In case you aren't aware of it, Texas is an at-will state. In this state an employer can pretty much do as they please as long as they don't do anything illegal, like discrimination. Cutting hours and sending employees home when there's no work is not illegal. My previous employer was worse. Around Christmas time every single year all the workers went home back to Mexico. There was plenty of office work to do but the owner shut down the entire plant every year from the week before Christmas until after the new year. That's no work & no paycheck for 2 1/2 - 3 weeks. No paid vacation since the company offered no benefits. The plant was shut down because there was noone to make the products (decorative cast stone).

Unless you are contracted for 40 hours, there is nothing you can do about it. If this is an ongoing thing and you need the money, you should probably be looking for a different job.
Answered by susie q

Yeah if there is no business, then they need to find other projects for you to do. Either that, or they need to be paying the full time wages regardless. I have been having the same sort of issue with the place that I work when there is no work, I don't get paid. It is unfair, but some times it is reality. I would say that if you were the full time person that was hired, you should talk with the doctor or person that is reponsible for hiring you, and mention this. If they don't recognize this, then I suggest that you find somewhere else to work that does respect their workers!
Answered by mtwaites

By-and-large, employees work at the total discretion of their employer. There are no grounds for any "labor commission" to take an action because you are not getting what you want. If you don't like the hours you are getting, then go work somewhere else.
Answered by wilderwriter

She has no case.....reducing the hours for everyone because business needs requires it is not illegal. However if you are only doing it to her then its a problem but from what I read its everyone.
Answered by Cubs Girl

The employee is not being discrimated against. Reducing or increasing your hours is at the sole discretion of the employer. They are still considered full-time, it's just that if there's no business to create income, the company cannot pay their wages. So, they must reduce their cost instead of paying employees to do nothing. That employee needs their head examined.
Answered by Celeste

Is the employee exempt or non-exempt? Generally, non-exempt employees can be sent home unpaid when there is no work, The company should communicate this policy to employees and be sure it follows the state regs. Some states will allow UI for employees who have had their hours reduced. If the employee is exempt, they can be sent home, however, they must be paid for the week if they have done any work at all that week, even 1 hour.
Answered by amelia

An employer has every legal right to send employees home if there is no work. Labor Laws and state laws, including Texas allow employers to staff employees FT, but if the work is not available they can send you home. This is how it is whenever your job duties are dependent upon work load. The only time this would be discrimmination is if they are sending a certain race home, or if they are allowing PT employees to work rather than FT employees. But according to your post it sounds to me there is no work available, so you get sent home early. The employer doesn't have to find you work just because you are FT, if there is no work available, then there is no work available. I would take being sent home early better than being laid off. If you are unhappy because you aren't working FT, then find a job where the company is doing well and has available work for FT hours. HR Manager
Answered by Lori