Is it legal for an employer to not work you?

by **eilis** » Sat Jul 14, 2012 6:53 am

an employer who has hired you as a full time worker just stopped work with no definite date to work again. how long are they allowed to go without working their employees? I just dont feel that it is right to do that to someone with no compensation

by **philibert63** » Sat Jul 14, 2012 6:54 am

Unfortunately, it's perfectly legal for employers to suspend work for full-time employees indefinitely. The only time it wouldn't be allowed is if you have an employment contract that states otherwise. If he's violating a term of your employment contract by not working you, you could then sue to enforce your contractual rights.

However, if you're an at-will or salaried employee without any contract that prohibits your employer's behavior, you're likely out of luck.

by **denys** » Sat Jul 14, 2012 7:01 am

It all depends on your contract and the nature of your employment. Sorry there's no simple answer here but in general - contract workers work the hours given, no matter how few, because they are paid by the hour; salaried workers work a set number of hours a week and must be paid accordingly even if their employer does not actually use them for those hours. But there's a whole minefield of different shades within the employment contract spectrum, which is why union chiefs and employment lawyers get paid so much.

by **bernd** » Sat Jul 14, 2012 7:07 am

Do you have a contract or are you an at-will employee? More than likely, you are employed at-will meaning that you are not entitled to a minimum amount of hours of work and you work at the will of the employer. What is happening to you is perfectly legal.

by **nann** » Sat Jul 14, 2012 7:08 am

Yes, they can do that. There's no rule that says they must give you a minimum number of hours.

You can file for unemployment and you can claim unemployment benefits each week based on how many hours you worked that week.

You can also find a new job.

by **hanan** » Sat Jul 14, 2012 7:24 am

Unless you have a written contract with them (which you don't), then they don't have to keep you hired at all. Your only recourse would be to file for unemployment, which you would probably get in this case as long as you've worked there long enough.

by **ned** » Sat Jul 14, 2012 7:31 am

Sometimes larger employers have to formally inform the employees before such a layoff, but for most, they do not. Your employer has money problems, you need to find someplace else to work.

by **burt** » Sat Jul 14, 2012 7:33 am

It happens all the time. They are not obligated to give employees hours if they aren't doing the job they are supposed to. Yeah, it is usually a "nice" way to fire someone.

by **jung-hwa75** » Sat Jul 14, 2012 7:34 am

If the state is an at-will employment state, a business can do this with no reason at all.

It is likely they are trying to get you to quit so they don't have to pay your unemployment.

by **aswynn81** » Sat Jul 14, 2012 7:36 am

There are no work rights in 49 states in the US. They can fire you at any time and all you get is unemployment. They don't have to even tell yo they fired you. Welcome to the real world.

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