Can my employer schedule me outside of my availiabilty?
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Can my employer schedule me outside of my availiabilty?
I work 2 jobs, both part-time, I coach and I’m a server. I never signed a contract with a non-compete clause or moonlighting policy. I had the coaching job before I picked up my server job; my employer was aware that I was a coach before hiring me. I followed the proper channels and filled out the availiabilty sheets that they wanted us too and took Sunday off of my availiabilty. However, my employer still scheduled me during Sunday. Is this allowed? I told them I would not be able to attend work.
Asked on March 21, 2018 under Employment Labor Law, Iowa
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless you have an employment contract or union agreement that offers you protection under the circumstances, you are an "at will" worker. This means that your company can set the conditions of your employment much as it sees fit (absent some form of actionable discrimination). Accordingly, you can be scheduled to work whenever your employer deems necessary. This is true whether or not it was aware of your other job and even if you noted that you would not be available on Sundays. If you refuse to work as scheduled, you can be disciplined (up to and including suspension/termination). In fact, you can be disciplined for any reason or no reason at all, with or without notice.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless you have an employment contract or union agreement that offers you protection under the circumstances, you are an "at will" worker. This means that your company can set the conditions of your employment much as it sees fit (absent some form of actionable discrimination). Accordingly, you can be scheduled to work whenever your employer deems necessary. This is true whether or not it was aware of your other job and even if you noted that you would not be available on Sundays. If you refuse to work as scheduled, you can be disciplined (up to and including suspension/termination). In fact, you can be disciplined for any reason or no reason at all, with or without notice.
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