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What if they hire someone same title but part-time instead of full-time is that legal?
Asked by wannaknow
My position was eliminated. They said they were eliminating the full-time position due to restructuring. Two months later they hired another employee who was already part-time in another department to do my job same title and I assume job description. They listed the same title on the website and I had been telling people the position was eliminated.
Asked by wannaknow
My position was eliminated. They said they were eliminating the full-time position due to restructuring. Two months later they hired another employee who was already part-time in another department to do my job same title and I assume job description. They listed the same title on the website and I had been telling people the position was eliminated.
A:
Best Answer:
Maybe the person that got your job but parttime is getting paid less than you were and it was more beneficial to the company to let you go rather than let the other person go and knock you down to part time.
Maybe the person that got your job but parttime is getting paid less than you were and it was more beneficial to the company to let you go rather than let the other person go and knock you down to part time.
A:
very legal. they can do whatever they want.
P.S. it probably doesnt reflect well on your performance if a part time worker can complete the same tasks.
Eat Funyuns.
Answered by teduardosportacus
Answered by teduardosportacus
A:
yes
Answered by Mittmouhd
Answered by Mittmouhd
A:
Obviously your full time position could be handed by a part timer. That's a business decision, possibly a personnel decision. Either way, don't tell people about your job! That's the lesson here. Now if you mean by "telling people" about my previous position when I was working at such and such, and you're doing an interview for a new job, that's a bit different. If you were never "written up" or received a "verbal warning" about your last job, then you were let go with an lame excuse that they were "eliminating your job title" for restructuring - your prospective employer is not going on line to check to see if they have openings with the job title you wrote down in your employment application. Its a bit hard on the ego, but these scoundrels didn't want you around, and didn't find your work productive enough to keep you.
Face that fact, and proceed to dedicate yourself to being a better worker, one that you would hire yourself.
Answered by dusty_titus
Answered by dusty_titus
A:
The general answer is they can do what they want regarding the running of their business. There are laws that differ depending on what country/state/province you were working in that may affect this. Titles very rarely are the basis for determining the scope and responsibly of a position. It is the actual responsibilities of the job that make it what it is. If something changed and the responsibilities of your position were no longer needed in a full time position, or eliminated completely and then reinstated to part-time due to need, that would be reasonable.
Bottom line in this scenario: the position was eliminated. But that doesn't mean that the responsibilities didn't go someplace else. And that would be the part-time position that was created to fill the gap.
Answered by jobbend
Answered by jobbend
A:
Technically, I believe that the position is a "new position" since it is part-time and not full-time. You can research this further, but if the state where you were hired is a "Right-to-Work" state, then they probably have a right to eliminate you for whatever reason that they choose and that is legal. The fact that they hired someone P/T and not F/T is unfortunate but within the legal bounds even though what happens is not really fair. I believe the position is now defined as a new position regardless of the fact that it has the exact same title and presumably similar if not exactly the same description.
Answered by Niebling
Answered by Niebling
A:
Hello Wannaknow:
You are correct in that your position was eliminated. It was a full-time position. The part-time position is one that did not exist while you were there and they chose not to offer it to you at that time.
In case of labor complaint, the employer can cite examples of how things changed and they needed to re-instate the position, but with less hours after muddling through without you for 60 days. Employers customarily wait 60 days before announcing a down-sized (read less hours/less pay) positions that involve the same job duties to avoid the labor complaint problem and justify their business need.
Unfortunately, it IS legal and more employers are doing it now because it's more cost effective. If they can get the job done in less time with less money, that improves their bottom line. It's all about dollars.
If you watch the job ads, you'll also see more positions that are being offered by outsourcing groups (companies that pay your employment taxes and workers' comp insurance for the bigger company) to cut operational costs for the main employer.
Good luck in your job search.
Answered by Management Mom
Answered by Management Mom
A:
We are in a RECESSION. Employers are doing this all the time.
Answered by mailaccount63
Answered by mailaccount63
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