employer reduced hours and benefits not equally

[ileana66]

i work in a doctor's office all staff were paid full time 40 hour work week. they cut 8 hours from each employee due to the fact that 2 doctor's left the practice. they took an additional day off from my work week, so i was reduced to only working 3 days a week. i just got notice that no benefits will be paid to me because i work less than 32 hours a week. all other employees only work 28 hours a week worked hours,( because the employer pays for the lunch hour) so 7 hours a day times 4 days is only 28 hours worked! i believe they should not be getting benefits either since it's considered part time.
do i have any legal rights? am i being discriminated? targeted? i don't know what to do?

 

[army judge]

You were already a part-time employee. Most probably, the bosses are attempting to retain the other full time employees after cutting their hours by letting them retain their benefits.


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[Patricia_Young]

Are you talking medical insurance? Or other benefits? If medical, and this is a group plan, there must be an SPD (Summary Plan Description) that sets out the rules as to eligibility and covering those not eligible (and not offering the coverage to those who are) would be a violation of ERISA. If this is the case, the employer has to provide a copy of the SPD to you upon request. However, not all benefits are subject to ERISA (such as vacation or sick).

Also, do the other employees have the same job you do?

 

[ileana66]

i was also a full time but my hours where drastically reduced and now they say i'm not eligible for any benefits, everyone used to work the same amount of hours 35 worked with 5 hours paid lunch that makes it 40 hours, now they all work just 4 days which is 28 hours worked with 4 hours paid for lunch which equals 32/ i was reduced to 21 hours with 3 hours paid for lunch which equals 24 hours so they work clocked in 28 hours and get benefits and i work clocked in 21 and get no benefits!!

 

[ileana66]

yes medical insurance, sick time and paid holidays. and yes same position as me, the differnce is only 7 hours of pay they work clocked in hours 28 and i work clocked in hours 21 the employer pays for our lunch hour so thats not considered worked hours and i'm considered part time( per diem) as they put it in a memo i was given. can you recommend anyone in miami that i can spaek with???

 

[army judge]

Work conditions can be changed on the employer's whim.


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[Patricia_Young]

I'm not sure yet there is a violation of anything. Did you ask for a copy of the SPD for the medical insurance as I suggested?

Sick and vacation benefits are not regulated by ERISA, therefore the employer can pick and choose which employees get what; in other words, even if there is discrimination in such decisions, it is not illegal discrimination.