Can an employer deny a request for an availability change?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer deny a request for an availability change?

My girlfriend recently started a new part time job in which she enjoys more and makes more money but still not enough to survive on that income alone. Her job she had firstpart time as well when she changed her availability so she could work both jobs, is trying to tell her her availability request is denied and she has to work a certain day. Correct me if I’m wrong, however I thought your availability was your own and that you could change it at will and the employer can decide to give you the hours you’re available for or not but they cannot make you work a certain day. Are we wrong or is this employer be trying to make a power move/move of intimidation?

Asked on May 8, 2017 under Employment Labor Law, Connecticut

Answers:

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

Answered 4 years ago | Contributor

Unless your girlfriend has an employment contract or union agreement that guarantees her schedule or the like, she is an "at will" worker. This means that her company can set the conditions of her employment much as it sees fit (absent some form of legally actionable discrimination). Further, if she is not available to work the hours given her, she can be discharged. In fact she can be terminated for any reason or no reason at all. For her part, she can either accept her scheduled, refuse to work it and be fired, or quit.

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

Answered 4 years ago | Contributor

Unless your girlfriend has an employment contract or union agreement that guarantees her schedule or the like, she is an "at will" worker. This means that her company can set the conditions of her employment much as it sees fit (absent some form of legally actionable discrimination). Further, if she is not available to work the hours given her, she can be discharged. In fact she can be terminated for any reason or no reason at all. For her part, she can either accept her scheduled, refuse to work it and be fired, 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption