Can your employer switch your shift with another coworker without notifying you, until the day before…..and then fire you if you do not come in and work that shift for the other coworker?????

I have no job now because i did
not switch shifts with my coworker

Asked on April 20, 2016 under Employment Labor Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

While seemingly unfair, this last minute shift change was legal. The fact is that employers can generally set the conditions of work much as it sees fit. The exceptions to this would be if your treatment was due to any form of legally actionable discrimination or if this action violated company policy or term of any applicable union agreement or employment contract.  

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, your employer can do this unless you had a written employment contract guarantying or specifying your shift. In the absence of a contract, you were an employee at will; among other things, that means that the employer--not you--has free discretion to assign or change your shifts and hours and may do so at any time, without advance notice. The employer, not you, determines when you work.


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