Can I get fired if unabe to work on Sunday due to child care

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Can I get fired if unabe to work on Sunday due to child care

Employed for 11 years now want me to work Sundays and I am unable
to as I work frisun at daycare in exchange for child to be there on
my work days monFri. I offered a flexible schedule with a coworker
who wants to do Sundays but was turned down. Can they fire me?

Asked on October 20, 2016 under Employment Labor Law, New Jersey

Answers:

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

Answered 4 years ago | Contributor

Most employment is considered to be what is known as "at will". This means that a company can set the conditions of work much as it sees fit. This includes scheduling what employee to work what shift. The fact that you have another job/activity is of no consequence; your employer need not accomodate your conflicting schedule. The only protection you may have here is if this action violates a union agreement/employment contract, or if it constitutes some form of legally actionable discrimination (which you did not indicate). Otherwise you can be fired for this reason, any reason, or no reason at all, with or without notice.


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