per diems rights

I have been a per diem at a medical company
for 3 years.. I went on maternity leave upon
trying to return I was told that I would be able
to receive 1 day per week vs 3 days as I was a
customed to. The new is stating that if you do
not want to work on a fulltime rotation you
cannot receive hours. I cannot work a full
time schedule because of school however
their are other per diems working ,in a nut
shell if you donot accept the full time rotation
position you will not receive hours can they
do that

Asked on March 19, 2016 under Employment Labor Law, Florida


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

Answered 4 years ago | Contributor

In an "at will" work relationship a company can set the conditions of employment  much as it sees fit. This includes who to schedule to work and for how long. Unfortunately, your personal schedule does not enter into this. So unless you have some protection against this action under the terms of a union agreement or employment contract, or this action in some way constitutes some form of legal discriminaton, you have no claim here. You will either have to comply with the schedule, complain and risk termination or quit.
Note: Not all employees need be treated the same or even fairly. able discrimination only arises if differing treatment is based on an employee's race, religion, nationality, age (over 40), gender or disability, and in some states sexual orientation.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Employment is employment at will; among other things, this means that the employer has free reign to set hours worked. So an employer is free to say that if you do work a full-time schedule, you will not receive hours; this is legal. They do *not* have to take your schedule or needs (e.g. that you cannot work full-time hours) into account; your needs are, to put it bluntly, irrelevant--the employer can set the rules, hours, schedules, etc. purely for its own needs.

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