What are my rights if my employer has moved me to a different shift because I’m married to a co-worker but I’m the only one who has every gotton moved?

I didn’t do anything wrong; there are currently multiple relationships throughout the entire institution but nothing is being done about it. I work for the state department of corrections. Do I have a case to sue the state?

Asked on September 24, 2016 under Employment Labor Law, West Virginia


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

Answered 4 years ago | Contributor

The fact is that not all employees need be treated the same or even fairly unless some form of legally actionable discrimination is a factor in their treatment. Accordingly, absent an employment contract or union agreement to the contrary, an employer can set the conditions of the workplace much as it sees fit. This includes having an employee change shifts due to marrying a co-worker, or for any reason, or for no reason at all. This is known as "at will" employment.

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