Can I sue the company for keeping me as seasonal to avoid paying me benefits?
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Can I sue the company for keeping me as seasonal to avoid paying me benefits?
I have been working for the same
company for the past 3 and a half
years. They have had me as seasonal for
the entire time. I don’t get to receive
insurance or guaranteed hours. They
won’t add me as a permanent employee.I
threatened to quit if they don’t offer
me a permanent position and they said
there’s nothing I can do.
Asked on April 1, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
They are right, unfortunately: there is nothing you can do. A company has completely free discretion as to who to add as a permanent employee, and completely free discretion, if they hire someone, to set their status (e.g. full-time, part-time, or seasonal) and their hours. It is your employer's choice, not yours, and you can't make them change this or otherwise give you benefits.
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