Can my employer changed my schedule after I fill out an availability form?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer changed my schedule after I fill out an availability form?
Asked on December 17, 2011 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Actually, yes it can. While it will try to schedule you according to the form, in most instances such a form not a binding document. So while an employer will try to schedule an employee according to the employee's availability, it will always schedule employees has to the company's needs. The fact is that an employer has a great deal of discretion in setting the terms and conditions of the workplace. This includes who and when to schedule for hours of operation. For their part, an employee can choose to work for an employer or quit. This is known as "at will' employment.
Exceptions to the above would be if scheduling at times for which you are not available violates existing company policy, or the terms of an employment contract or union agreement. Also, no form of actionable discrimination can play a role in your scheduling conflict.
Bottom line, an employer can terminate an employee as it sees fit; this means for any reason or no reason at all. So perhaps, you need to resolve this matter as best you can or risk losing your job.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.