Legal Gurus

[Smirks]

Howdy...

I have a question for you law gurus out there...

I have a friend who's been working part time for a very large corporation. He's been working there for almost 4 years now. He's always worked for them part time, but he puts in 40+ hours a week. Given his scenario, is he entitied to any benefits? As of right now he's getting squat from the company ... minus a paycheck.

Thanks. :)

[fs0652]

i am not positive, but i have worked at dental offices that have full time staff and do not offer them benefits. I dont think you are required to, but someone else should really answer that question.

[Highway23]

hmmm...

I don't really know much about this...but I am going to take a guess...

I'm saying that if he is "part time" he shouldn't be allowed to work that many hours.

+40 hours at any job is calling for at least some form of overtime pay.

But if he is doing it on his own, meaning, he's not supposed to be there, but is paid for being there (know what I mean) I say...he's lucky they pay him at all. At jobs that I have worked...it was strictly "This is how many hours you have this week...that is all you are getting paid for ...stick around at yer own expense..."

As far as benefits and such, most places (that I know of at least) usually have a 30 hour plus minimum, along with a 60 policy (of course yer friend fits both)

This is interesting....

[mensane]

it happens... it just depends on what you were hired for....example: when i was hired at the grove park inn in asheville, it was for part-time SEASONAL....although in reality, i worked 50 hours a week with the option to stay year round. since it was part time, i wasnt eligible for benefits...since it was seasonal, by a loophole in north carolina law, i wasnt eligible for overtime pay. it didnt really matter about overtime since i was a waitress (time and a half on $2.15 per hour isnt that big a deal)

[yer ardy]

basically, there is no "law" that a company/business HAS to give you benefits should you be working above and beyond the hours of your initial classification at the time you hired in, whatever that may be.....

if the definition of full-time and part-time hours is outlined in some kind of company handbook, and he meets that criteria to the letter, then he has something to bark about...however, when he hired in, perhaps he accepted a higher wage per hour, forgoing any benefits? some companies do this. was there an employment contract? what did that say? most people know when they hire in to a company, what they're in for...and if they don't, they need to clarify this with the personnel/HR department within the 90 day probationary period.

if this is a "very large" (i.e., reputable) company, then they have to have an HR department who he should see about this situation. they'll have his file, pull his original hire date/records, review and advise accordingly. did he have yearly evaluations? this issue could've/should've been addressed at his first one...

which totally begs the question: why would he wait FOUR years to inquire about this? some companies set a policy that if a 'part-timer' consistently works X number of weeks (like 12 maximum) at a shift or weekly schedule that they have determined to be 'full-time' hours, then the employee qualifies for benefits accrued during that time worked. however, the key word is "consistently"..meaning....4 weeks at full-time hours, then 4 weeks at part-time hours, then 4 weeks at full-time hours is not consistently "full-time"...

[Smirks]

basically, there is no "law" that a company/business HAS to give you benefits should you be working above and beyond the hours of your initial classification at the time you hired in, whatever that may be.....

if the definition of full-time and part-time hours is outlined in some kind of company handbook, and he meets that criteria to the letter, then he has something to bark about...however, when he hired in, perhaps he accepted a higher wage per hour, forgoing any benefits? some companies do this. was there an employment contract? what did that say? most people know when they hire in to a company, what they're in for...and if they don't, they need to clarify this with the personnel/HR department within the 90 day probationary period.

if this is a "very large" (i.e., reputable) company, then they have to have an HR department who he should see about this situation. they'll have his file, pull his original hire date/records, review and advise accordingly. did he have yearly evaluations? this issue could've/should've been addressed at his first one...

which totally begs the question: why would he wait FOUR years to inquire about this? some companies set a policy that if a 'part-timer' consistently works X number of weeks (like 12 maximum) at a shift or weekly schedule that they have determined to be 'full-time' hours, then the employee qualifies for benefits accrued during that time worked. however, the key word is "consistently"..meaning....4 weeks at full-time hours, then 4 weeks at part-time hours, then 4 weeks at full-time hours is not consistently "full-time"...
Thanks for your detailed response, ardy!

Turns out he had enough, and he quit yesterday. His last day is 5/14.

... and the company was the Amerada Hess Corporation.

[Not_Trapped]

Thanks for your detailed response, ardy!

Turns out he had enough, and he quit yesterday. His last day is 5/14.

... and the company was the Amerada Hess Corporation.
thank you

[yer ardy]

Thanks for your detailed response, ardy!

Turns out he had enough, and he quit yesterday. His last day is 5/14.

... and the company was the Amerada Hess Corporation.
no one should be made to feel like a doormat and
taken advantage of...in life in general,but especially
on the job....

best of luck to your friend, smirx.... :)

[Not_Trapped]

no one should be made to feel like a doormat and
taken advantage of...in life in general,but especially
on the job....

best of luck to your friend, smirx.... :)
i agree

[GreenDisease]

i agree
The place that I work for its clearly outlined that part time'ers are not entitled to any benefits what so ever. If they were part time, and they saw that this person was pulling in over 40+ hours under a part time status, they'd fire their ass on the spot. We get yelled at for clocking in at 5 minutes to 9 in the morning. They start paying you at 9 and 9 only. You have to get overtime pre approved, and its hard to get.


I work for a huge company and they don't mess around.

I like your above qoute about being a doormat Ardy.... my boss should read that and take some notes. :D

Good luck to your friend Smirks!