Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My problem is this, I have worked for Belk in Sebring, Fl.

Customer Question
Hello! My problem...

Hello! My problem is this, I have worked for Belk in Sebring, Fl. for 19 years as an HR full time 40 hrs, per week, yesterday afternoon I was told that my position is now a part time position 15 hours and up to 29 hours per week so i have 3 options #1 drop from full time to part time as HR #2 Work on the sales floor for 30 hrs. per week with high potantial of losing my $20.00 per hour on my next review because I woun't be able to sale enough to keep that rate or #3 take a severance pay 1 week per year worked lose my benefits and pension. I can not pay my bills on a part time job and not even on 30 hours per week. Is this legal? This decision was done over night with no warning at all to all HR's that work for Belk.

Lawyer's Assistant: Was this discussed with a manager, HR, or an attorney?

This was discussed my store manager present and HR regional over the phone yesterday afternoon. They want an answer today

Lawyer's Assistant: Is the employment "at will," union, full time, or part time?

We do not have union. I do not understand "at will" please explain

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want to know my rights and how to protect myself

Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
8/4/2017
Employment Lawyer: Loren, Lawyer replied 1 year ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 39,248
Experience: More than 30 years in legal practice.
Verified

I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 1 year ago

Before we begin a bit more detail would be helpful please.

1. Do you have a written employment agreement for a fixed term requiring cause for termination, discipline or demotion?

2. Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
1. No I do not everything was done verbally.
2. They explained that all HR's were going part time now, it's all I know.
Employment Lawyer: Loren, Lawyer replied 1 year ago

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.

If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.

Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.

I am sorry. I wish I could tell you otherwise, but I do not want to see you spinning your wheels on this.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Employment Law Question
Employment Lawyer: Loren, Lawyer replied 1 year ago

If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 39,248
39,248 Satisfied Customers
Experience: More than 30 years in legal practice.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I am writing on behalf of my nephew. He has been working for
I am writing on behalf of my nephew. He has been working for a restaurant in the Clearwater location. When he went into work yesterday there was note on door tat the business was closed. How does he c… read more
LegalGems
LegalGems
Juris Doctorate
12,735 satisfied customers
Can you tell me if there is a law concerning how many hours
Can you tell me if there is a law concerning how many hours are considered part time employment … read more
Loren
Loren
Lawyer
39,248 satisfied customers
If I work 39-40 hours per week in a clothing store, is this
If I work 39-40 hours per week in a clothing store, is this considered part time or full time employment?… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
HELLO MY QUESTION IS IT CONSIDERED CONSTUCTIVE DISMISSMAL IF:I
HELLO MY QUESTION IS IT CONSIDERED CONSTUCTIVE DISMISSMAL IF:I AM A NURSE WITH NO WRITE UPS WITH MY JOB PERFORMANCE. I WORK THE FLOOR AS A CLINICAL NURSE NOT IN MANAGEMENT. I WAS OFFER A POSITION AS A… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
This question has to do with labor laws regarding 100% commissioned
This question has to do with labor laws regarding 100% commissioned sales people. I work for a regional retail store in the shoe department. 4 years ago the company went from hourly pay plus commissio… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hi, I have 29 years in a retail company here in New Mexico. I
Hi, I have 29 years in a retail company here in New Mexico. I was told yesterday that my benefits which encludes vacation and medical insureance will stop at the end of the month. I was full time and … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I work for a North Carolina owned bank, here in Florida. I
I work for a North Carolina owned bank, here in Florida. I am a 25 hour employee.This bank has 19, 20, 25, 30, 32 and 40 hour employees. I was made to work overtime..most of the time 35-40 hours from … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I am the treasurer for a small city in Utah. We are trying
I am the treasurer for a small city in Utah. We are trying to refine our HR policy. We have 19 employees, 2 of which work over 40 hr per week (one of whom is retiring soon), one that works 30 hr per w… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Hello I am a tenured teacher who is seeking a part time AM
Hello: I am a tenured teacher who is seeking a part time AM position so that I may care for my daughter in the afternoon due to a medical issue. I have been told by my supervisor that I would not be g… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Ive been working for a hugh Medical corperation for the
I've been working for a hugh Medical corperation for the last 25 years. The last 10 years I've been with one doctor I work between 60-65 hours every 2 weeks. I make $20.00 per hour. Just 2 days ago th… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a salaried employee. In 2009 I had a ruptured appendix
I am a salaried employee. In 2009 I had a ruptured appendix and was out of work for 15 days. When I came back to work it was part time for a couple of months. Is my employer liable to pay my full sala… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
To Whom It May Concern, I have been working at a large
To Whom It May Concern, I have been working at a large hospital since 2001. My working status is per diem (Not to exceed 16 hrs/wk). I work approximately 27 to 29 hours a week. I am regularly schedule… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I have been employed at this Dental office as a Massage Therapist/
I have been employed at this Dental office as a Massage Therapist/ Instructor for nearly four years, now Program Director where we open a Massage Institue. as a Massage Therapist my regular salary is … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I was in a car accident on January 5,2010d . I was rearended
I was in a car accident on January 5,2010d . I was rearended at a red light. My back and neck was enjured and I have had to have a few weeks off. My Doctor is now saying that I can work half days. My … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I work part-time at 29.50 hours a week and my boss refuses
I work part-time at 29.50 hours a week and my boss refuses to pay me for 4 extra hours I worked this pay period stating he already overpaid me since he calculated he only pays us twice a month, added … read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Can a company expect an intern to work 45 hours per week or ...
Can a company expect an intern to work 45 hours per week or more and not offer the same benefits as full time employees?… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I have a doctors note to work 3o hrs. per week in ...
I have a doctors note to work 3o hrs. per week in collections. My file of accounts is 1/2 of the full timers. Yet my goal for money collected/fees is the same, even though I work 40 hrs. less per mth … read more
Family Physician
Family Physician
Doctoral Degree
140 satisfied customers
I was hired as a part time (16 hrs/week) employee but after ...
I was hired as a part time (16 hrs/week) employee but after seven years, my job responsibilities have increased to the point of my working 40 hours per week on a regular basis to complete the work ass… read more
Family Physician
Family Physician
Doctoral Degree
140 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x