Can my boss refuse to schedule me to work because he has too many employees?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my boss refuse to schedule me to work because he has too many employees?

I am 16 and work part-time at a newly opened restaurant. I attended the orientation and went through the training program and I worked for a month or so. Often, I have gone in to work a scheduled shift, only to be asked to go home early because it is not busy enough. My boss has not scheduled me to work for 3 weeks now, saying he has too many line people and promises he will give me hours next week. What are my rights?

Asked on January 5, 2012 under Employment Labor Law, Colorado

Answers:

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

Answered 9 years ago | Contributor

Actually (and unfortunately) you probably don't have any rights in this situation. The reason is that most employment is what is known as "at will". This means that, for the most part, an employer can hire and fire, as well as promote and demote, increase and decrease salary or hours much as it deems fit. For their part, an employee can choose to work (or continue to work) for an employer or not.

The only exceptions to the above would be if not being scheduled for regular shifts is a violation of existing company policy or runs counter to the terms and conditions of a union agreement or employment contract. Also, the the lack of scheduled hours must not be due to some form of actionable discrimination.


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