Can my boss refuse to schedule me to work because he has too many employees?
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Can my boss refuse to schedule me to work because he has too many employees?
I am 16 and work part-time at a newly opened restaurant. I attended the orientation and went through the training program and I worked for a month or so. Often, I have gone in to work a scheduled shift, only to be asked to go home early because it is not busy enough. My boss has not scheduled me to work for 3 weeks now, saying he has too many line people and promises he will give me hours next week. What are my rights?
Asked on January 5, 2012 under Employment Labor Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Actually (and unfortunately) you probably don't have any rights in this situation. The reason is that most employment is what is known as "at will". This means that, for the most part, an employer can hire and fire, as well as promote and demote, increase and decrease salary or hours much as it deems fit. For their part, an employee can choose to work (or continue to work) for an employer or not.
The only exceptions to the above would be if not being scheduled for regular shifts is a violation of existing company policy or runs counter to the terms and conditions of a union agreement or employment contract. Also, the the lack of scheduled hours must not be due to some form of actionable discrimination.
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