[lawrence1111]

My case: My father has been working at a clothing factory for two years since 2010. He is working as a tailor. He doesn't speak any english but chinese. Now, he has issue with his leader who is incharge of all employee's work task but not the owner. This leader is cutting his hours very often and she always has excuse to send him home early or start late. My dad he totally understand and agree with why he is getting lay off because the factory doesn't have enough work for the employees. But the situation is opposite, this leader she only cut my dad's hour not somebody else because there have other two employees who are working as position as my dad. They always have 40 hours every week, even they have overtime all the time. And also, this leader hired couple of parttime workers she known working there. She gives them enough hours or any hours they request to work.
This is unfair for my dad. If they don't have enough work why she hired parttime worker to split their job. So my dad he talked to this leader today and tried to find out what situation it is, but the leader is still telling him the samething which is in chinese such as "there is nothing I can do for that. We didn't get enough order, so we don't have enough work for you to do...etc"

Above is the whole story I heard from my dad. I am going to contact his owner. We will try to solve this problem. In case, if we don't get this problem resolve, what should we do next? How can I help my dad? Will Labor department help my dad if we contact them? Or what department should get help from?

Please help! I appreciate it.

[kcomissiong]

If your father is an at will employee, there is nothing that you can do. They can let him go for any reason at any time. If his lay-off was in violation of company policy however, you may have recourse. Additionally, if it was the result of his membership in a protected class, it is an illegal layoff.

[JudyKayTee]

Where is this occurring? And, yes, unless the employer is violating State or Federal law (which are often the same) I see nothing that can be done.

[lawrence1111]

To JudyKayTee:
This is occurring at Seattle Washington.

To Kcomission:
My father is not an at will employee. He was hired as a regular full time employee. He is working hard and always get his work done whatever they ask him to do. The Company he is working at doesn't have labor union and it is a private company. I know there is nothing can protect my father and I don't really clear about his company policy.

[JudyKayTee]

At will means there is basically no contract or employment agreement. You work "at the will" of the employer and can have your hours cut, be terminated, for any or no reason.

I think he's at the company's mercy UNLESS he can prove they are somehow discriminating against him.

The employment situation is so bleak right now that employers in my area (NY) are turning full-time workers into part-time workers so they don't have to pay benefits. It's less expensive to have 4 part-timers than 2 full-timers. Might that be the situation?

[lawrence1111]

Thank you for your explanation, Kcomission.
This could be discriminating against him. The problems are all coming from his leader not his owner. His lead is incharge on hiring and firing people also. And all I known these couple parttime worker she known them well. My father is the only one getting less hours employee and he is the one who is cut hour by the lead, at least compare to his other two same position coworkers.

If there is discriminating against him, where can we get help with?

[lawrence1111]

Thank you for your explanation, Judy.
This could be discriminating against him. The problems are all coming from his leader not his owner. His lead is incharge on hiring and firing people also. And all I known these couple parttime worker she known them well. My father is the only one getting less hours employee and he is the one who is cut hour by the lead, at least compare to his other two same position coworkers.

If there is discriminating against him, where can we get help with?

[JudyKayTee]

I would contact any Attorney (I cannot recommend anyone specific) in Seattle who handles employment discrimination matters. Ask for a free consultation (which all Attorneys do not do) or for the hourly fee for advice - in advance.

You could check with the State Office on Employment, also.

[lawrence1111]

Thank you very much Judy.

[JudyKayTee]

Please come back and let us know the answer - you can very well help someone else.

And good luck! It sounds very unfair. Question is whether it's illegal.

[lawrence1111]

Thank you. I will come back and let you know.