Do i have the right to sue?

Do i have the right to sue?

I have been working 50 to 60 hours per week since November 2015 for enterprise rent a car. My boss who is an area manager informed me i have not been eligible for vacation or benefits because they said i declined full time which is not true. But they have kept me at full time hours and still the same hours per week. Do i have the right to sue?

Richard’s Answer

You are certainly able to sue. Your best case will be denial of insurance benefits. You are what is generally tagged, “variable hour employee.” You have not agreed to do full time but sometime do full time. If your hours of the employers insurance measuring time period are above 31 hours, you qualify for health insurance to be offered. The second part of your case will center around your employment agreement. If in your employment agreement you are to receive these benefits, then you have a contractual suit against your employer. The main thing will be what the language is in the agreement. If those benefits are not listed in your contract you may have a case for a verbal agreement or reliance damages(this however is a weaker case). You can also contact the department of labor to see if they can provide any help. The main thing you need to do is get ahold of your employment contract. Best of luck.

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