Labor Law Question.... READ DESCRIPTION?

by **sheridan93** » Tue Jul 10, 2012 12:09 pm

If you are working part-time and you are originally scheduled to work Monday, Tuesday, Wednesday and Friday every week and you request off Friday's, is it lawful for your manager to take away your Tuesday shift? Please note, the Tuesday shift was not eliminated... The manager asked another employee if she could work it. & say the person who this is happening to has no knowledge of this happening, what legal actions can be taken?

by **anson34** » Tue Jul 10, 2012 12:10 pm

Your work shift is four days a week (Mon, Tue, Wed and Fri) so you don't work on Thu. When you asked not to report on Fri, that leaves only three days a week and your manager went further on giving the your Tue. shift to another worker, leaving you only two days a week, did I get it right? Well, it would have been alright if your manager gave the work to another as a reliever on Fri not on Tue because it deprives you of one day shift. What happens to Thur? Can you not work on that day? Anyway, the action of your manager is unfair labor practice because he is penalizing you by a diminution of benefits (lowering worker's compensation in any form) only when the schedule of your work shifts is stated in your employment contract. Don't immediately think of any legal action, the order of the day is to communicate with HR or your boss regarding your concern.

by **jomei69** » Tue Jul 10, 2012 12:19 pm

No legal action can be taken. The company can give you any schedule they like and change it anytime without notification. Some managers or companies are spiteful (I have seen it first hand). Why did you request all friday's off? It looks like YOU may have forced them to change the schedule and it turned out to bite you in the butt.

by **cuartio52** » Tue Jul 10, 2012 12:29 pm

I'm afraid you probably don't have any legal action here. Unless you have a contract or union agreement, there is no law that says that management needs to give you certain hours or pay you a certain wage other than the mandated minimum wage. Sorry the news is not better.

by **archy** » Tue Jul 10, 2012 12:31 pm

Nothing, unless you have a contract guaranteeing certain days per week or a minimum number of hours per week.

by **yago** » Tue Jul 10, 2012 12:37 pm

There is no requirement that an employer provide you any shifts.

by **toryn34** » Tue Jul 10, 2012 12:47 pm

In the US they can take away all your days if they want to and you don't have a contract. What country are you in?

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