Is This Legal?

I've been working part-time at this restaurant since last year. However, things changed after my manager hired a new employee and started his training period. My hours were cut from 25 hours a week to less than 10 and the new guy took up my original 25+ hour schedule. Shortly after that, my manager stopped scheduling me to come in at all for the last couple of months. At first I didn't think too much of it as I thought that it would eventually blow over. But I have student fees to pay off from my last year at college and I'm starting to run out of money for my biweekly payments. I've called my manager numerous times to put me back on the schedule but she repeatedly refused, saying that she can't afford to schedule me at this time. I was never fired, so I'm still technically employed at that store, but I'm still not getting any hours and the new guy STILL has my original work schedule. So I'm asking, is this even legal? Don't I have some rights as a worker to get at least some work hours and a reliable paycheck?

That sucks, but is entirely legal. They're trying to make you quit so they don't have to pay severance or whatever.

Ha! Joke's on them, I won't quit cuz I get half price on the food there, plus 20% off drinks.

Is there any provision in your contract with them that says there is a minimum hours? Like 10h per week minimum, 40h per week maximum? Check that, if there is, you'll know, and as soon as they give you less than 10h for exemple, you claim for a breach of contract :D

Wow that is legal actually and kinda sucks although if I were in your position I'd send my resume to other companies just in case. Although they haven't fired you you still need the money right? I guess you should, as early as now find another job to keep you going. You have my sympathy.

Really depends on where you live. But usually, yeah it is legal for them to do so.

If your not working then you can collect your disability and leave via Compensation insurance.. at least that what my sister did went they did that to her... until they terminated her from ihop then she file something to get her 6 month unemployment paid by the company.

I live in Ohio, I didn't see any minimum hour requirement listed in my worker's contract, and I'm already looking for a second job. I'm gonna need one too, cuz I'm starting classes again this spring.

Edit:

There was this pizza shop not too far from my work place that had a "Now Hiring" sign on it's window. I filled out an application and dropped if off with the confidence that I was going to get the job because, 1. I already have experience in handling and prepping food (especially pizza), 2. I'm already trained in how to use a cash register, and 3. I practically live right next door to the damn place. I turned in my application last month and never heard back from them. I checked, and there's STILL that sign hanging on the window. I think someone's mocking me...

Yeah, if you don't have any min requirement listed in your contract then I believe it is entirely legal for them to just not schedule you like that.

Unless it was through means of discrimination that they did so to you. Thought even if that is the case, it would be difficult to prove, especially after so long.

Yes, unfortunately. Unless you can claim, with solid proof, that it's an unjust cause, or unequal treatment without valid reason. If she/he gave you less hours because he was white, and your were black, you'd have a case, but if it's just because, than many could write it off as anything. Keep the job though, since you keep the benefits, and just get a second job, like you have planned. It works out for you if you pull it off. Benefits without working at the job, and a job that pays ya. Can't be that bad. That's my opinion, though.

That's true. It may seem unfair but unless you have actual evidence of this then you can't do anything. I know it sucks but that's how life is, it sucks. >.>

hahahah, Man I'd probabaly do the same thing... But man that really is some shitty kinda way your being treated

Wow, seriously? How is it legal to not have a minimum amount of hours you're contracted for? The US has such dodgy stuff like this, I feel sorry if you're just trying to work to get by over there. If you're not contracted for X amount of hours per week, then yes, they can give you 0 hours and there's not a thing you can do about it. As for that other place you applied at, it can't hurt to check up on it.

A month is a bit late to "check up" on an application. Though, I could just start a new application and use the information that I'm now a full-time student and no longer just a half-assed scholar.

i wait two days after turning in an application, then call them. then two more days, and call again. if no interview after two calls, i move on.

also, i would keep the other job for the discount. and bring large groups to screw with them on the checks.

as for the disability/workmans comp/unemployment stuff mentioned, i wouldn't even fuck with it. too easy for the feds to call fraud and really screw you.

I've been hounding this one job I got wind of from a flier posted up at the local Kroger. It's supposedly some photography shop like the kind people go to for family photos. I've been calling that place like a mofo trying to get an interview setup. I'm hoping that they'll take my persistence as a sign that I'm serious about getting that job.

I agree with neko. I say you just start looking for a new job and when you are able to find one give this current job your two weeks notice.

No, I think I'll keep that job just for the benefits and because it'll look better on my resume if I've been employed by them for so long.

It's a good idea to be honest, your current employer may just be scheduling you off so they can train the new employee but to me it sounds like they want to get rid of you. A good reference is still a good reference as well, so if you do eventually leave I suggest making sure it's not on bad terms.

The easiest way to get a job fast is to print off a large amount of resumes and hit as many places as you can each day, someone will eventually hire you, it's a numbers game. Finding a job isn't part-time work if you want to get hired fast, I usually spend about 4-5 hours each day looking for a job when I'm unemployed and I've only ever had about 2 weeks off between each job.

What your employer is doing to you is deplorable. They probably got the new guy on a lower wage if you weren't at minimum wage. My old boss was less kind to me when he wanted to let me go, was paying me $10/hr at the time. New guy comes in and is given state minimum wage. There should be a fucking union for service industry workers, like clerks at convenience stores, waiters at restaurants, and so on.