CanI be forced to leave my full-time job and go part-time due to my school schedule?

I have been working for 6 months for a company. Originally they wanted to hire me part-time but then gave me full-time they knew I go to school. Recently my clinical times changed and interfere with one of my work day, a co-worker and I switched schedules. However, I ended up with a few hours overtime and they don’t want to offer that to me again. They said that I have to drop to 3 days so they can hire another part time employee. Do I have to be forced into this?

Asked on March 8, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you can be forced to go to a part time schedule, since you cannot force your employer to accomodate your schedule or provide you overtime if they don't want to. The law does not require employers to work around employee's schedules; an employer would be free, for example, to schedule an employee for whenever it wants, and then fire him/her if the employee can't make it. So in this case, since they could terminate you entirely if they wanted, they could equally offer you a different or shorter schedule.

Note that if you have an employment contract which sets forth or guarantees your hours, that contract would be enforceable--the above applies in the absence of a contract.


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