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Can an employer cut your hours

Prescott, AZ |

I am on FMLA and was notified my hours are going to be cut, because my absentee at work, can they do that?

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Attorney answers 3

Posted

I am a California attorney and not eligible to give legal advice in your state. The following is information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT PROVIDE SIMILAR OR GREATER PROTECTION. If I refer to your state's laws, that only means I did a quick Internet search and found something that appeared relevant. However, you should not rely on any comment I make regarding your state's law. You MUST check with an attorney licensed in your state.

An employer can cut your hours for any reason that is not prohibited by law, but an employer cannot cut your hours BECAUSE you took advantage of your FMLA rights. The FMLA's purpose is precisely to prevent this kind of thing. Please look at my Avvo guide on the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA): http://www.avvo.com/pages/show?category_id=6&permalink=family-and-medical-leave-fmla-summary-of-key-provisions.

Employment law is complicated and fact specific. If you believe your employer retaliated against you for taking FMLA leave, you may wish to consult with an experienced plaintiffs employment attorney in your state. To find a plaintiffs employment attorney in your area, please go to the web site of the National Employment Lawyers Association (NELA). NELA is the largest and most influential bar association in the country for attorneys who represent working people. The web site is www.nela.org, and you can search for attorneys by location and practice area.

Also, NELA has affiliates in every state and in many cities. On the NELA web site, you can look at the list of affiliates. Some attorneys will be listed in the affiliate membership list, some in the national organization membership list, and some in both. Being listed in one or both lists should not influence your selection because attorneys can choose whether or not to purchase the listing in the national directory. Each local affiliate has its own rules for listing.

I hope you can resolve your situation and wish you the best.

*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

Posted

Atty Spencer is 100% correct.

This is general legal information, not intended to apply to your specific case. And I may not be licensed to practice in your particular state. Under Federal Law, I am a debt relief agent.

Posted

I agree with Attorney Spencer as well. If the employer is cutting your hours as part of general cut backs that apply to all employees, the reduction in hours is legal. But, an employer cannot cut your hours for a discriminatory reason (race, color, religion, sex, age, disability or national origin), though smaller employers (fewer than 15 employees) are exempt from some discrimination laws. Employers are also prohibited from discriminating against individuals due family medical leave. If your employer stated your leave as the reason for your reduction in hours, or you feel that your family medical lease is the real reason for the reduction, you should hire a local attorney to apprise you of your rights.

This response does not create an attorney-client relationship and is not intended to provide legal advice for your specific situation

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