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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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If you are working full time hours and they fire and rehire

Customer Question

If you are working full time hours and they fire and rehire every 9 months, so they
don,t have to pay you benefits,vacation,insurance Is that legal??
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

That depends on your profession. What exactly do you do? Are you seasonal in nature? Are you working as a contractual employee or simply as 'at-will'? Please advise.

Customer: replied 1 year ago.
I am a Chef/Cook basically in charge when head Chef is not there. Some of us get laid off Jan.to March but they tell us to file unemployment. But they have everyone on different firing times but they make sure they don't go past 9 months. Some of the people are laid off during while we are very busy because the 9 month deal. I have been there going on 8 years and I am about to quit. Don't seem like anyone cares . Most of us work a 40 hr. week. We are not call ins We are schedule to work every week. I have talked to other businss professionals and they said it is not fair and they don't know how they are getting away with this!
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

This appears to be rather insane as a process. While they can legally do this if they hire you as 'contractual' for a set period of time, terminating you over and over appears to be a wage violation. I would strongly urge you to contact your state's Dept of Labor and report the employer for fraud, as it appears to be designed to cheat the employees and the state (since the state is forced to help cover unemployment). I would also suggest speaking with an employment attorney as a group because if the employer is doing this 'whole-sale' to all, this appears to be a potential class action against them.

Sincerely,

Dimitry, Esq.

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