In Colorado- how many hours are considered as full time? My son was told after a year of employment he could take a week off paid vacation. Now that he has returned back to work- they are telling him he won't be paid for that time on vacation because he does not have full time hours. He would have not taken the vacation leave if he knew he wasnt to be paid... They have his average hours at 36.5/week.
Country relating to Question: United States
State (if USA): Colorado
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.Neither state nor federal law dictate what full time employment is. That is an construct created by employers.If the employer has a policy stating that only full time employees get vacation, then that is all the state will hold them to. If the employer requires more than 36.5 hours a week to be full time, then they can do so.That being said, the norm is actually 40 hours for full time, though many employers are actually adding to that now, making 42 or 43 hours as full time.Again, it is at the employer's discretion.
I see that you have given my answer a negative rating.I would like to assist you in giving any information that you require, but I must admit that I do not now see what it missing from my answer.I have stated the law, as it is.If you are simply not happy with how the law treats your situation, I can understand that, but I do not feel that that fact should reflect on your personal rating of me.If you have follow up questions, please ask them.
I am sorry I was told I needed to answer in that manner to ask follow up question. I read on the employment commission page that anything over 32 hrs a week is considered full time- is that just pretaining to unemployment benefits? Son was already allowed to take a week vacation and he was told he would be paid for that vacation. Now that he has returned he is told no pay- he gets no paycheck on the first with rent due and car payments! This seems wrong.
No, all you need to do is use REPLY, which by passes the rating portion.Certainly, for unemployment, they have their own regulations for determining full vs. part time. They have had to create that designation because they have to use it to parse out benefits.But that is solely for unemployment purposes. Not one court in the U.S. has taken an unemployment office determination and used it to impose a statewide holding that a certain number of hours is full time.Now, what your son may be able to do here is a claim called promissory estoppel. His employer made a promise which it allowed him to rely on, to his detriment.Of course, if he sues his employer, it would almost certainly result in a termination, as a promissory estoppel claim is not protected from retaliation in the way that a discrimination claim is.
I see -- so best to talk it over with them more and see if they can maybe advance him some money to pay his bills, we'll see... Thank you and sorry about that rating again I am sorry I did not see the reply thing.
That's ok. You've stated clearly in this thread that your intention was not to negatively rate, so I can have a moderator remove the negative rating.I was more concerned about meeting your expectations with the question, and the negative rating is the first indication that we get that we may not have done so.Yes, I believe the best approach here, long term, is asking about an advance. If he wants to maintain this job, suing them for one week's pay is not going work out for the best.
Employment/Labor Law Litigation
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