Skip to main content

Can the employer give benefits to one part time employee but not another when they reduced my hours?

Wimberley, TX |

Company policy states that all full time 930 hours) employees are eligible for paid time off and company paid insurance. Employer is not consistent with policy. For example, I was working full time (40 hrs or more) and only got one vacation. Policy is 1 yr=1 wk, 2 yr=2wks, 5 yrs = 3 wks. Contract with insurance company states that employees must work more at least 30 hrs to be eligible. But the employer provides insurance or an insurance stipend to some employees who are paid per visit but total hours are less than 10 hours over two period. My hours were reduced to less than 20 hrs/wk so they took away all benefits but I never got all my PTO due because I was hired 2008 and always worked 30-40 hrs per wk. She said diff is that I was hired as pt time. This occurred after 60th birthday.

+ Read More

Attorney answers 1


There are a number of issues at stake here. The most important and troubling is the discrimination in applying the policy. If the inconsistent application of the policy affects a group that is protect by law ( i.e. race, religion, gender, disability..etc..) then the issues are related to that application of the policy.

THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.