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


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.

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