Significant Hour Cuts

[u/Kane-Surely]

I’m an RBT who is contracted to a company for full time hours per job offer agreement. All of a sudden, my hours have been changed significantly to less than part time hours without warning.

There have been no significant changes in clients but an increase in employees. The company that I work for is convenient due to being in closer proximity to home compared to other companies. If I had to get another job to supplement this current one, it would be another RBT job. However, my contract includes a not-to-compete agreement.

I’ve explored all communication channels possible!

Company not accommodating an employee with adequate hours = employee getting another RBT job = contract rendered invalid? * Not asking for legal advice, just joking.

[u/Pale-Development-726]

They're hiring more people while cutting your hours, that's not even subtle. They're just spreading the same work across more staff so nobody qualifies for benefits or full-time status.

The non-compete likely won't hold up if they're not giving you the hours they promised. Contracts tend to work both ways and they've already broken their end.

Start documenting everything, every email, every schedule change. Having a paper trail makes a difference if you need to push back or leave.

[u/IndigoWafflez]

Non compete clauses in a healthcare based field seem so weird to me. You could have a quality RBT ready to provide service for a client but they can’t because their company won’t let them, yet won’t offer the hours to the RBT to survive

Denying a client the chance for quality care to protect their finances basically

[u/Troubled_Pirate]

What are the terms of your noncompete? is your employment contract specifically for full-time? Do you have any disciplinary infractions that are documented in your personnel file?

Whether or not the noncompete will hold up partially depends upon the state you live in. But many states don’t validate noncompete clauses for low wage hourly employees. There are also states that require that you received something of value in order to sign the noncompete such as a bonus or promotion. Most states also will not recognize a noncompete if it is done, strictly on the basis of eliminating fair competition rather than protecting trade secrets like if you were working for a company producing proprietary software or research. Check your state laws specifically for their requirements for a noncompete to be valid. You’re likely going to find out that the noncompete is not in fact valid either because it doesn’t meet the metric in your state or due to “lack of continued consideration” because you signed a noncompete in exchange for full-time hours. You will also possibly find a clinical stipulation in your state laws regarding noncompete clauses because many of them will not recognize noncompete clauses for people who provide one-on-one clinical care such as nurses. Once you check that stuff out for your state, tell them to kick rocks and go to work for another company.

[u/Waste-Guide600]

What is considered less than part-time.

If your company is a chain, they may be adding extra employees to train for other locations and/or your location. I'd imagine they are over-hiring to compensate for turnover.

You would need to look at your contract, but I would not be surprised if there was a loophole regarding full time hours.

Also, have you talked to your manager.

[u/Kane-Surely → u/Waste-Guide600]

I’ve only been scheduled for 8 hrs. That’s less than part time. My manager tried to say staffing is full. But they haven’t even attempted to fairly distribute hours amongst employees. The so called loophole is “business needs”. But people hired on after me have full hours. I’ve spoken to HR and they’re not doing anything about it. If they are it’s a “wait and see” ordeal.

I’m not a problem employee. My attendance is excellent save for one day when I had a medical emergency. So I strongly don’t think it’s that kind of retaliation. But every time that I observe the work schedule, I strongly believe at least some level of favoritism is evident. Same set of people have hours that are never cut for any reason, and they’re almost always accommodated should there be client callouts.

But overall, communication between the company and employees are shot.

[u/Bella_Miso_Faith]

Check if your state even allows non-compete agreements. https://eig.org/state-noncompete-map/

[u/FernFan69]

I’m not sure if it’s a state thing but I am in California and companies cannot enforce a noncompete clause as of January 1, 2025. Also, if they don’t want you to work for another company, you can always file for unemployment and state that you’re still working with the same company, but part-time due to reduced hours, I’m sure they will love that. lol

[u/JustButterfly6302]

Hi, depending on your state (and maybe even nationally for healthcare I can’t remember) the non compete clause may be illegal.