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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16288
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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I have worked little over a year I'm a part time manager

Customer Question

My name is***** have worked for rue21 for a little over a year I'm a part time manager working 36-40 hours a week with out the benefits and pay of a full time manager. They have also been harassing me and my husband. They call me multiple times on my day off and never leave a message on my personal phone they also call my husband he is my emergency contact. If that doesn't work they will message my husband and I both on our facebook profiles I'm wondering if I have a case?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Legalease replied 1 year ago.

Hello there Tasha --

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As far as employment law and lawsuits are concerned, you would have to show that your employer is treating you in this manner because they are discriminating against you due to your race, gender, age (over 40), disability, religion or sexual orientation. Other than these specific items, an employer pretty much has the right to treat their employees in any manner that the employer wishes to treat their employees and there is little that any employee can do about it except quit and move onto another job. You see, unless you are a member of a union (where there is protection from this type of behavior through union contract) then what you are is called an "employee at will" -- meaning that you can be hired, fired, promoted or demoted at the will or whim of the employer. As an employee at will, the employer can terminate for any reason or no reason at all (they do not even have to give you a reason for a termination, except that if the employer does NOT have a valid reason for terminating an employee, then the employee may be entitled to unemployment compensation from the state unemployment board (because unemployment regulations require the employer to give a reason for the termination or they will have to pay the benefits to the state who in turn pays the terminated employee for unemployment benefits)).

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If they are calling to ask you questions regarding work and locating something or for reasons like that which have to do with work related items and you believe that you should be compensated for such excessive telephone calls, then you could bring the subject up with them and see what they say about it. You can also file a small claims court case against them for any such time if it is so excessive that it cuts into your days off in order to make them compensate you for the hours of your time that they take up, but if you go that route you will most likely be terminated and as I said earlier, they can terminate you for any reason or no reason -- even a disagreement of this nature. You can also file a lost wage and hours complaint with the Utah Dept of Labor for any such hours that they continue to call you with work related business if it genuinely takes up several hours of time every week on you and you feel that you should at least be compensated for it. You did not explain above the nature and reasons for these calls, but to make either a Labor Board claim or small claims case in this matter you will have to show that they are calling for a reason and there are several times a day which amount to a few hours in a day or two stretch every time you are not working. If you approach it in that manner you may be able to get at least some compensation for these telephone calls.

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I truly wish I could give you a sure fire way to pursue this matter against them but in every state in the US, employees really have very little protection against things like this unless you can show a discriminatory intent as I noted above. I hope that you realize that If I could give you a sure fire approach legally here, that I would do so.

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Please let me know if you have any further questions. If not, can you please press a positive rating so I will be paid for my time assisting you today. Pressing a positive rating will not cost additional money -- it simply acts as the trigger to Just Answer to pay me for my time helping you today. Additionally, your question never closes so if you have follow up questions at a later time you can come back and ask them on this question even after pressing a positive rating. THANK YOU VERY MUCH

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MARY

Customer: replied 1 year ago.
They called me today and told me that I had to come In I have two small children and could not come in when I told the. That the store manager told me that she didn't ask me to come in she told me that I needed to. I then told her I could not. Is there anything that could be done about being a part time manager and them having me working 36-40 hours without the full time benefits or pay?
Expert:  Legalease replied 1 year ago.

Hello again --

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I truly wish that there was something that I could tell you to do or some legal direction to give you in this matter, but even in cases where you have negotiated a schedule with an employer up front before starting the job, they have the right to change that schedule and if you do not make the changes that they need for their business operations, they have the right to terminate you.

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Regarding the pay and benefits, the only laws applicable are the minimum wage laws in your state and the federal government rate -- and if you are being paid more than the legal minimum wage, the law gives no recourse for employees who are being taken advantage of by an employer like this. There are no laws that require any employer to offer benefits for any position either. It truly is up to the employer regarding the pay rates of employees (so long as minimum wage by law is being paid to you) and benefits for any employee.

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The only chance that I can see of you overcoming any of this is if there is a male coworker who is also a "manager" and who they ARE giving more money and benefits to. If you can show that this employer is discriminating against you because you are a woman then you will have a valid complaint to the Equal Employment Opportunity Commission (EEOC) which is a US federal government agency that you can go right to their website and file a complaint against the employer for gender discrimination right on line. If you even suspect that there are male managers who are given benefits and better pay then I would suggest that you file with the EEOC and if nothing else, they will investigate and get to the bottom of it -- and once they conclude their investigation you are protected against retaliation at work for a year after the case closes (so if they move to terminate you or harass you in any way during that year, you then refile a retaliation complaint with the EEOC and you can be awarded a settlement (but usually you end up leaving the employer after such a case is filed)).

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I have actually been on the receiving end of this type of treatment myself and I can absolutely sympathize with what is happening here to you (no silver spoons here - I worked full time while in college and law school and paid my own way). If there was some immediate way to file a complaint or lawsuit here for you I would certainly let you in on how to do it and what the chances of success are, believe me. However, unless you can show discrimination against you, you will have a very difficult time bringing and maintaining a case.

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Please let me know if you have any further questions. A positive rating before leaving the website will insure that I receive credit for my time assisting you tonight. THANK YOU VERY MUCH

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MARY