My hours were cut after I called out. Is this retaliation?

I averaged 40 hours a week and called out due to bad weather. The next week I saw that I was at 30 hours. I feel that they retaliated against me because I called out. Is there anything I can do?

Ann Kiernan replies:

I’m afraid not. Retaliation is illegal only if the employee had first engaged in some sort of legally-protected activity, such as complaining about unsafe working conditions, reporting harassment, or refusing to distribute a defective product.

I see that you work at a convenience store, the type of business that is usually open even in the worst weather. It certainly would make sense for your employer to give more hours to employees who made the extra effort to come in when they were really needed.

Posted 03-27-2019

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.

Ann Kiernan2019-03-27T03:02:38+00:00

About the Author: Ann Kiernan

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.

My hours were cut after I called out. Is this retaliation?

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About the Author: Ann Kiernan