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Employment Law

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: 6 months ago.Category: Employment Law
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Answered in 5 minutes by:
8/4/2017
Employment Lawyer: Loren, Lawyer replied 6 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 36,390
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.

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Employment Lawyer: Loren, Lawyer replied 6 months 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.?

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Customer reply replied 6 months 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 6 months 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.

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Employment Lawyer: Loren, Lawyer replied 6 months 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!

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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 36,390
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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).

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