Does an employer have to give you a work schedule?

Out of 70 employees at a franchise donut shop in California I am the only employee that does not have a schedule. All other employees have the shift hours that they are to work at least one week in advance. Next to my name on the schedule is says ‘TBD’. I am being told that the manager will contact me via text or phone call the evening before or the day of what time I have to come in. I am being treated more like an ‘on call’ employee. Can they exclude one employee like that?

Asked on March 16, 2017 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

Does your treatment constitute some form of legally actionable discrimination? In other words, is it due to your race, religion, age (over 40), disability, national origin, gender, etc.? If not then you have no claim here. The fact is that, absent discrimination, not all employees need be treated the same or even fairly. Further, most employment is "at will". This means that a company can set the conditions of the workplace much as it sees fit, this includes who to give a work schedule to in advance. Therefore, unless this action violates an employment contract or union agreement, you only options here are to either put up with things as they are, continue to complain but risk termination, or quit.


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.