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Can my boss take my hours just because she was told to? By…

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Can my boss take my...
Can my boss take my hours just because she was told to? By her boss?
Submitted: 4 months ago.Category: Legal
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3/16/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks so much for your patience. When you say, "take your hours," do you mean give you less hours in the future or take away hours you've already worked?

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry, do you mean give you less hours in the future or take away hours you've already worked?

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Customer reply replied 4 months ago
No my I worked was Sunday March 11 I was not told she was not putting me on the schedule ! I lost a full week of payment
Customer reply replied 4 months ago
Can my boss take my hours as form of punishment? with out telling me
Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry to hear about that. The hard part is that unless you have an express agreement to the contrary, you are an at will employee, which leaves you with limited rights when it comes to being on the schedule.

At will employees are not entitled to any warnings or any specific # of hours to be worked each week at all. Employees are entitled to a safe workplace that is free of discrimination and a minimum wage, but there is no set # of hours. Thus, although I believe it's immoral, I don't believe that it's illegal for them to do that. I'm very sorry.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 4 months ago
I was not wiriten up or given a verbal response why!
Lawyer: Legal Eagle, Lawyer replied 4 months ago

Sadly, I couldn't tell you why. It seems like what they're doing is just vindictive and I would strongly consider leaving this place. Is there somewhere else you could work?

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Customer reply replied 4 months ago
I can't do anything about this?
Lawyer: Legal Eagle, Lawyer replied 4 months ago

The best recourse you have is to get the heck out of there. If they're willing to put your financial security at risk for minor issues, then you should strongly consider leaving as soon as possible. Trust me, I know that is easier said than done, but you can work on putting the pieces of your life back together.

One other thing you could do is ask them for advanced notice in the future. You could also look in your employee handbook to find out whether they followed the policy regarding time. If they didn't follow the policy regarding time, then you may have a cause of action for breach of contract.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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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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