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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12472
Experience:  Significant experience in all areas of employment law.
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I was a part time 30 hours a week employee of the state of

Customer Question

I was a part time 30 hours a week employee of the state of California at a community college for 10 years doing the same job. I am now a permanent employees doing the same job. However now I will have to put in 20 years to get any kind of retirement. Do I have any recourse to sue the state or the college for missed benefits and retirement etc?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

While I can certainly appreciate your frustration, lawsuits are premised on a breach of legal duty. The state of CA does not have any legal duty to convert part-time employees to full time, and so no legal duty would be breached under the circumstances you describe. Since there is no breach of legal duty, there is no basis for a lawsuit for damages. Thus, I'm afraid to say an employee in your circumstance would have no legal recourse as a result of the missed benefits.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.