Is there any law protecting an employee from being scheduled to work days of the week that they had gotten approval to have off?

A few months ago, I put in a request availability change form with my job the one in question, in order to work a second job and take classes. The request included my new availability, the reason school and second job and end date which was left blank, as the change was to be indefinite. The request was approved and signed off and everything was going well until this week. They scheduled me to work two days which I am unavailable because of work at my

other job. I talked to my manager about getting the schedule fixed, who told me since it’s the end of the college semester I have to fill out a new form to request a new change Not apparently understanding that a second job is also why I need these days off, meaning that the current schedule won’t be changed and until the new form is approved they can schedule me whenever they want. Is there any law against management doing this? If not then what is my best option? I am part of a labor union at the employment in question, is this something my union representative could help with if I speak to them?

Asked on May 28, 2016 under Employment Labor Law, Illinois


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

Answered 4 years ago | Contributor

The fact is that in most employment relationships, an employer is free to set the conditions of the workplace much as they see fit. This, unfortunately, includes changing scheduled days off. That is unless the employee's treatment constitutes some form of legally actionble discrimination (which is not apparent here) or the employer's action violates the terms of company policy, an employment contract or a union agreement. Consequently, since you are a member of a union, you definitely should speak with your rep as to your rights in this situation.

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