What to do if my employer has not accomodated my new school schedule?
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What to do if my employer has not accomodated my new school schedule?
I work for a chain restaurant as a server. I recently asked to be transfered from one restaurant to another because I moved and started going back to school in a different location. The transfer was “approved” by my old GM, however neither of the GM’s (the old store or the new store) have taken proper steps to ensure the transfer be completed. I have been calling and visiting both of them, asking to be placed on the schedule so I can work. Both have pushed me to the back burner, and now I have been out of work for at least 4 weeks and I have been taken out of the system ( I can’t be scheduled or pick up shifts). It feels like I have been “fired” for no reason and I can’t pay my bills. Do I have any case in court to sue the restaurant?
Asked on August 31, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, you do not have a case, unfortunately. An employer is under no obligation to accomodate an employee's school schedule, either in terms of hours/shifts or in terms of location. Furthermore, if you did not have an employment contract guarantying you employment, you could be fired at any time, for any reason--and this includes simply being dropped from the schedule.
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