Does my girlfriend have a case for a labor suit and or restitution?

Asked 8 months ago - Chatsworth, CA

I am writing this on behalf of my girlfriend. She is employed at a franchisee of McDonalds and has been employed there for the last 12 years as a full-time employee (38-40 hours per week). Due to the Obama-care mandate, all of the employees have had their hours cut to under thirty hours to avoid the insurance penalties. Most of the employees are “illegal”, but my girlfriend is a legal resident.
I’m sure the employer is counting on the fact that these employees won’t make a fuss due to their status, but my girlfriend is mad as hell and wants to fight.
She also has knowledge of many labor code and corporate violations that occur on a regular basis, which is a separate issue, but may add impact to the employers lack of employees rights and well being.
Can you help?

Attorney answers (3)

  1. Jonathan Aaron Weinman

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . If your girlfriend works for McDonald's, she is an at will employee and the employer can reduce hours, cut hours, change schedule, change pay, etc. at their own discretion. She is not being singled out because she is in a protected class but is part of an entire group of employees being targeted so there may not be much she can do. As for other labor code and corporate violations that are vaguely referenced, she should talk to an employment attorney to determine if any of the claims have merit.

  2. Michael Robert Kirschbaum

    Contributor Level 20

    4

    Lawyers agree

    Answered . It is not illegal for an employer to reduce the hours an employee may work. And while it is illegal for an employer to hire and retain undocumented workers, I fail to see how your girlfriend has standing to file any legal claim unless she is the victim of unlawful discrimination because of her documented status. The employer could get in trouble for employing undocumented workers but this will not benefit your girlfriend in a monetary way.

    You mention other labor code violations. If the employer is, indeed, violating laws which adversely affect your girlfriend, she should consult with an employment law attorney to discuss her legal rights and options.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion... more
  3. Sagar P. Parikh

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Depends on what these "many labor code and corporate violations" are. A full consultation is necessary to properly advise you.

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