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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12636
Experience:  Significant experience in all areas of employment law.
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I am a part-time employee with no benefits. There are other

Customer Question

I am a part-time employee with no benefits. There are other part-time employees with benefits who do the exact same job as I do. The work fluctuates and this is why they don't make us all part-time with benefits because they cannot maintain the 24-hour minimum work requirement for benefits for everyone. But when I look back at my hours for the year, many months I averaged 37 hours per week, 34, 29, 24, etc. In the last 8 months, there are only 3 months I did not average 24 hours per week. Is it legal for them to not give me benefits?
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 11 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 11 months ago.

It's highly unfair, but not illegal, as there is no law that requires employers to be fair or to treat all similarly situated employees the same. The law only prohibits discrimination if it is motivated by a legally protected trait, such as race or religion, so you would need to prove something like that was the motivation for denying you benefits here. In that case, your remedy would be to file a formal complaint with the Equal Employment Opportunity Commission. Otherwise, while understandably quite frustrating, there is nothing from a legal standpoint that you would typically be able to do. I am truly sorry.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Expert:  Patrick, Esq. replied 11 months ago.

Hi Meghan,

I just wanted to followup because this question is still open. Were you able to view my answer to you? Again if there is anything more I can do for you just let me know. It's my pleasure......