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Change in work requirements and family personal time

Denver, CO |

I have been with my employer for a year. I was promised I would get a 10K raise within a year, I have received 3K. I'm salary. I am doing 2 people's jobs - office manager and marketing, she has hired and fired a marketer within my time here, me doing the job before and after. I was hired as the manager. In August my daughter will start school and I will need to switch my hours to 7AM-3PM instead of the 730-530 that I'm scheduled at now. I only get a lunch 2-3 days a week. I am willing to be on call and transfer office calls to a cell from 3-530. If I am fired or let go because of this can I file for unemployment? I am also only allowed to take off 5 days a year as vacation time. Please let me know if you need any other information.

Attorney Answers 3

  1. Best answer

    This may be a situation where it would be helpful to consult with an attorney prior to having this conversation with your employer. The details here will matter- the size of the company, your job duties, the agreement regarding your salary, etc. There is a possibility that you can qualify for unemployment, but you're likely to be better off financially if you're still employed, so taking steps to protect your job would make sense. Often, it is beneficial to have an employment attorney helping you behind the scenes.

    Even though there are a lot of horror stories out there, there are lots of ways that employers are able to accommodate employee childcare obligations. If your family responsibilities are held against you, you may have a claim for family responsibility discrimination (FRD), which is a growing area of the law. But- it can be tricky, and the way that you navigate the situation can make or break a claim. You seem willing to make some compromises here- like answering the phone at the end of the day- so there seems to be potential for making this work.

    I suggest that you talk to someone who specializes in employment law and is familiar with FRD.

    Notice: My answer to your question is general information. It does not create an attorney-client relationship and is not governed by confidentiality rules. This general information is not a substitute for sitting down and discussing your circumstances with an attorney. If you would like to schedule a consultation regarding your employment law issue with Rachel, contact her office at 303.865.3733.

  2. Was the $10k raise in the contract that you signed with the employer when you started on? Was this a condition of you accepting the job? So, did you detrimentally rely on this promise of a bonus? Was there an excuse offered for not giving you the full raise? Please set up a free consultation with one of us here on Avvo to discuss the specifics in more detail.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

  3. You have lots of potential employment law issues here which are intertwined. You definitely need to schedule a consultation with a good employment lawyer so that they can ask you all of the relevant questions. For example, even though you say you are a salaried employee, that doesn't mean that you are an exempt employee under the Fair Labor Standards Act, which impacts your employer's ability to deny you lunch time. Unemployment is a whole different set of issues. Your best bet would be to consult with one of the fine Denver area employment counsel found here on Avvo!

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