Legal Question in Employment Law in California

When I was hired for my job at Securitas Security in San Jose on August 11th 2008, I signed a written contract guaranteeing me 32 hours a week, my supervisor at the time was well known for not returning calls, because of that I didn't get the hours that I was guaranteed and my hire date changed. I contacted HR who stated that because I didn't work a certain amount of hours corporate considered me a part time employee until my hours went up. I tried to explain to her that if I was given the hours that I was guaranteed than corporate would have seen me as a full time employee, which I was. She said they don't go by the hours guaranteed, they go by the hours worked, after I explained to her a couple times that I was GUARANTEED IN WRITING 32 hours a week but because my supervisor wasn't returning my calls I didn't get those hours, I think she finally understood what I was trying to say because she started to ignore my emails, I went to the Labor Board who stated it was a civil matter, is there something I can do to get my hours back and my hire date changed back to where it was?...Thanks


Asked on 8/09/12, 1:19 pm

2 Answers from Attorneys

My guess is you are seriously mistaken that you have a written guarantee of 32 hours a week. California is an at-will employment state, meaning employers can increase or decrease employee hours, change the schedule, or terminate the employee, at any time for any reason that does not constitute illegal discrimination (race, gender, etc.) or retaliation for protected activities (whistle-blowing, union organizing, etc.). No employer in the state has any reason to bind themselves to a written guarantee of any particular schedule, especially for a low-level hourly employee. If you really are in such a bizarre situation that you actually were given a written guarantee by the company of a certain number of hours, then you should take that written guarantee to an attorney and see if you can sue for breach of contract. That is what the labor board meant by a "civil matter."

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Answered on 8/09/12, 1:33 pm

And, by the way, you have a four year statute of limitations for breach of a written contract. It is not clear when the breach would have actually materialized, but if you signed the contract on August 11, 2008, you may only have two days, or at most a few more, to file an action or you will be completely out of luck.

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Answered on 8/09/12, 1:35 pm


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