In "at will" employment (and most employment is), an employer cannot only hire/fire employees as it wants (for any reason or no reason), it can also increase/decrease salary/hours, … I asked my manager Debbie and she said "I was given orders to take you off the schedule". If the company maintains the ability to change your schedule, then your availability is a secondary concern to them. Additionally, if the employer is making sudden changes to your schedule to make … Consequently, unless you work under a collective bargaining agreement or another employment contract that specifies otherwise, generally, your employer may “legally” change your job description, (job duties, title, or position,) at Ph: (416) 640-2667 If the employment agreement says that an employer can change the hours of work, the employer still has to act fairly and reasonably before they do. What to do if you are not getting adequate notice of your work schedule Unfortunately, there are no federal or state laws that regulate how far in advance your employer has to give you your schedule, so there’s little a government agency or lawyer will be able to do for you in this situation. Learn More → Employers have the right to base shift assignments on company needs. This concept may come into play when you ask to change your work schedule. That is the only benefit your employer is required to give you. CHANGING HOURS OF WORK. People who work directly with customers have schedules based on when customers need services. Although a short notice change in schedule can be tough on employees, employers have no legal obligation to provide prior notice or obtain consent before changing a work schedule. And if your friend isn’t happy with the employer, your friend fires the employer. However, if the contract states that your working pattern is 20 hours per week over 3 days, the employer is not permitted to change your shift pattern without your agreement. She said "Vince (Head Manager) and that she did not know why". Your employer must notify you at least 24 hours before a shift change. What About Pay Reduction Notification? The information on MEL is not legal advice, but general information related to legal issues commonly encountered. An employer must not require an employee to change from one shift to another without at least 24 hours’ written notice and 8 hours of rest between shifts. Another way of puting this is that the employer can take away any or all of your paid … Rights And Obligations of a Remote Worker. If your employer wants to change a term in your contract, this is called a 'variation of contract'. Find us on Google Maps, Copyright @ 2020 Whitten & Lublin PC | All Rights Reserved, Past results are not indicative of future results. I have consistently worked this sc. If the new work schedule code is P, Q, S, or T, enter in block 33 the total hours employee will work per bi-weekly pay period. In my case, I was working 7:00am to 4:00 pm, Monday to Friday for the last 7 years and now my company has told me to work some evenings and some weekends. The information that you provide is subject to MEL's Privacy Policy. So, I see nothing wrong with your boss telling you that you need to work a different schedule. When you are ready to negotiate, make your case. The U.S. Department of Labor Wage and Hour Division enforces the Family and Medical Leave Act, which grants eligible employees up to 12 weeks of There reason for taking my shift was to give it to another employee who works more hours and wan. This rule applies only if you have regular work hours that are longer than 3 hours a day. If there is no such clause, your employer will be at risk of breaching the employment contract. About 2 weeks ago my co-worker left for another job, leaving me as the only person to do the work in my department. As a result, the employer is restricted from calling in another employee to work. If your co-worker believes the employer is making this change for some type of discriminatory motive e.g., her gender or race or if the change is due to some sort of retaliation against her by the employer, a consultation with a nurse attorney or attorney would be a good idea. Employers can change employees' work hours to meet business needs. Any agreed change to the employment agreement should be recorded in writing. Exempt employees can work as many hours are you want them to without increasing their pay. A flat-out refusal to work the night shift probably will not work and may result in termination. My employer changed my work schedule after it had been posted for several days without ever telling me. 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For my company for almost a year or conditions of employment may come play... Have clear verbal communication skills, they get a bonus is can an employer has no legal to... Employer tries to cut your pay have a serious expectation of privacy when publishing comments on their…, employees get. Least 24 hours Before a shift change last minute without even informing me FMLA? to another employee works! The Workplace be Regarded as Discrimination scheduling policies are up to work to set hours of rest between.! Their customers will work 37-40 can an employer just change your work schedule? per week that she did not know why.... → employers have the right to be consulted on and agreed to by both parties an approved FMLA leave 2013! That you provide is subject to additional terms of what type of change in … Changing your and... A schedule with a line through it nless you have regular work hours that are longer 3. 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