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Old 12-12-2007, 01:06 PM   #1
12th man
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Default OT: Is this illegal?

Today, I go into work and try to clock in only to find out that I have been denied. I go ask one of my managers to clock me in for an overwright and they said that I've been cut to part time. Yeah, they didn't ****ing tell me before hand so I could prepare. When I got hired, I was hired as full time, even signing a paper that said 5 days a week 8 hours a day 40 hours a week. and the snobby little b**** that told me I was cut said I never signed a paper stating that, wich is a flat out lie, because at the time I was only looking for full time jobs. What they just did to me, is that legal?

And for the record when I go back in today, if this problem is not fixed, the big boss has a big ass chewing coming from me.
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Old 12-12-2007, 01:08 PM   #2
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Do you have a written contract?
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Old 12-12-2007, 01:09 PM   #3
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Call the State Labor Department...
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Old 12-12-2007, 01:10 PM   #4
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Totaly illegal on their part...you should try and get your hands on that paper.
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Old 12-12-2007, 01:10 PM   #5
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Just what they had me sign on thier computer.
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Old 12-12-2007, 01:11 PM   #6
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Its perfectly within their rights to cut your hours or even release you. They very well might be pushing you to make you quit to avoid unemployment.
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Old 12-12-2007, 01:11 PM   #7
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Why cant they cut his hours
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Old 12-12-2007, 01:11 PM   #8
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Totaly illegal on their part...you should try and get your hands on that paper.
Yeah, my supervisor is doing that for me as we speak. Hopefully he'll have it for me when I get back.
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Old 12-12-2007, 01:14 PM   #9
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Its perfectly within their rights to cut your hours or even release you. They very well might be pushing you to make you quit to avoid unemployment.
Hotrod is spot on......if you are an employee at will, they can pretty much do as they please to your hours.
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Old 12-12-2007, 01:15 PM   #10
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Yes, it is legal. Sorry it happened to you!

There are typically several reasons an employer would do this.

1. They just don't have the work to keep you busy.
2. They just can't afford to keep you employed
3. As hotrod stated, they are looking for ways to make you quit so they don't have to pay unemployment. (although, if they really wanted to make you quit, there are other ways to go about it.)


It's not fun to have that happen, but if their reason is 1 or 2, the decision was probably a sudden one and they were unable to give anyone notice. It sucks, I know!
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Old 12-12-2007, 01:15 PM   #11
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Its not illegal just ***ed up they didn't tell you.
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Old 12-12-2007, 01:16 PM   #12
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From my understanding, whenever your schedule is changed without your permission like that you are supposed to be given at least some notice so you can prepare.

If it can't be sorted out there, talk to a labor lawyer and the labor board. They will tell you for sure if you have a case.

For what it's worth, I'm pursuing a potential wrongful termination lawsuit against my former employer.
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Old 12-12-2007, 01:22 PM   #13
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Sorry 12th man, I couldn't resist. I hope you get it worked out and stick it to the man.
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Old 12-12-2007, 01:22 PM   #14
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Yes, it is legal. Sorry it happened to you!

There are typically several reasons an employer would do this.

1. They just don't have the work to keep you busy.
2. They just can't afford to keep you employed
3. As hotrod stated, they are looking for ways to make you quit so they don't have to pay unemployment. (although, if they really wanted to make you quit, there are other ways to go about it.)


It's not fun to have that happen, but if their reason is 1 or 2, the decision was probably a sudden one and they were unable to give anyone notice. It sucks, I know!
Well according to my supervisor, it's because our main manager is a dip****. You see, he is the one who forcasts the hours and for whatever reason, his forcasts are way under. I promise you, where I work he can definately afford to keep me.
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Old 12-12-2007, 01:23 PM   #15
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Sorry 12th man, I couldn't resist. I hope you get it worked out and stick it to the man.
Haha, acctually when I was driving home all pissed off I thought about that movie. I think I'll watch it tonight.
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Old 12-12-2007, 01:24 PM   #16
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From my understanding, whenever your schedule is changed without your permission like that you are supposed to be given at least some notice so you can prepare.

If it can't be sorted out there, talk to a labor lawyer and the labor board. They will tell you for sure if you have a case.

For what it's worth, I'm pursuing a potential wrongful termination lawsuit against my former employer.
Most state laws require that you are paid a minimum number of hours if you show up for a shift and the shift is cancelled. For instance, in some states you are required to be paid for 2 hours of work if you show up for a scheduled shift and it is cancelled without notice.

But, if he showed up and his hours were cut short, well, unfortunately, that's not covered.

This website should be helpful in finding the information you are looking for.
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Old 12-12-2007, 01:31 PM   #17
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Most state laws require that you are paid a minimum number of hours if you show up for a shift and the shift is cancelled. For instance, in some states you are required to be paid for 2 hours of work if you show up for a scheduled shift and it is cancelled without notice.

But, if he showed up and his hours were cut short, well, unfortunately, that's not covered.

This website should be helpful in finding the information you are looking for.

Thank you STG! and everybody! Looks like I'm SOL, but things will hopefully get better. they always do. I've got to go back to hell now known as work, but thanks for answering my question guys, I really do appreciate it.
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Old 12-12-2007, 02:16 PM   #18
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Colorado is not a right to work state so unless you are part of a labor union they could do as they please to you.
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Old 12-12-2007, 07:33 PM   #19
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What amazes me is employers who do things like this just before Christmas. Scrooges, all of them! If it's a shortage of work or money they could always wait till after Christmas or they could have done it last month.
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Old 12-12-2007, 08:24 PM   #20
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What amazes me is employers who do things like this just before Christmas. Scrooges, all of them! If it's a shortage of work or money they could always wait till after Christmas or they could have done it last month.
Get this. I was fired on Monday because I did not work my 9-5 shift on Saturday. I guess calling them and telling them that I had a staph infection and could not come to work until monday (plus doctor's documentation stating the same) doesn't mean anything huh?

Needless to say, they may be seeing a lawsuit come their way.
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Old 12-12-2007, 09:35 PM   #21
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Well just so everyone knows, I'm back to to full time. After going back to work and yelling at my prick manager and my wonderful supervisor finding my paper work, every thing turned out great for me.
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Old 12-12-2007, 09:41 PM   #22
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Like its been said Colorado is an at will state. So they are within their rights to do that. Sucks that they are ****ty to you like that. How many hours did they say you could work. Some places will let you work up to 38 hours a week. They can still call you part time and don't have to give you benefits.
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Old 12-12-2007, 09:49 PM   #23
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Well just so everyone knows, I'm back to to full time. After going back to work and yelling at my prick manager and my wonderful supervisor finding my paper work, every thing turned out great for me.
Congrats man, i cant find work anywhere in USA.
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Old 12-12-2007, 09:59 PM   #24
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Congrats man, i cant find work anywhere in USA.
I feel you man. I live in a small town and oppurtunity for any jobs, let alone full time jobs is scarce. I've actually thought about joining the millitary just so I could have a steady paycheck.
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Old 12-12-2007, 10:06 PM   #25
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I feel you man. I live in a small town and oppurtunity for any jobs, let alone full time jobs is scarce. I've actually thought about joining the millitary just so I could have a steady paycheck.
Same here, i was going to join the Army but they wont even take me.
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