Can I just be removed off a restaurant schedule without prior notice?

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Can I just be removed off a restaurant schedule without prior notice?

I have worked for a chain for 21 years…from hostess-server-bartender- shift leader- bar manager…new GM has just been placed and essentially removed me from a set schedule that I’ve had for years and replaced my 3 bar shifts with 1 back of the house training and no other shift for the coming week that would lend itself to me making any money at all…all without ever being spoken to about it. In the past 3 years I’ve gone part time as I now am an Instructional Assistant for special education. No discussions were ever had.

Asked on January 17, 2017 under Employment Labor Law, Virginia

Answers:

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

Answered 4 years ago | Contributor

Does this action violate the terms of any applicable union/collective bargaining agreement or employment contract? Is your treatment the result of some form of legally actionable discrimination or retaliation? If not, then unfortunately it is legal. The fact is that a business can set the conditions of employment much as it sees fit. This includes where and when to schedule an employee to work. Unfortunately your only options here are to accept the new schedule, complain but risk termination, or quit.


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