Legal Question in Employment Law in Utah

Employee holds two part time jobs within different branches of the same company (even have different tax ID #'s). Between the two jobs, the employee works 40 hrs and sometimes more in a week. This has taken place for 3 years. In the past, the agreement has been that this employee would not be benefits eligible due to not being a full time employee. If the employee were to request benefits, hours would be cut. Both parties proved to be fine with this agreement by the fact that it continued for 3 years. However, now the employer is stating that the employee must cut the hours to 15 at each job. At first they were claiming the employee would have to quit one of the jobs, but have since settled on just cutting hours. This is an employee with a record of high performance and there will be negative effects on both the departments and the employee for this decision. Employee would like to know what, if any grounds for appeal with the employer exist legally and ethically. Can you help? Thanks.


Asked on 12/21/09, 8:35 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

You can always appeal to the employer.

However, it sounds like the employer may be operating illegally. You may want to call the Utah Attorney General's office, Department of Consumer Affairs.

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Answered on 12/28/09, 7:39 am


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