Can my employer force me into early resignation?

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Can my employer force me into early resignation?

My employer is trying to force me into resignation due to the fact the only shift they are offering me is working with an individual with whom I have a domestic abuse past and which is known by them. Also, the shift that they are offering is not physically possible for me due to the fact I am a single mother with 2 children and live in an area with minimal family and friends.

Asked on April 30, 2018 under Employment Labor Law, New York

Answers:

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

Answered 2 years ago | Contributor

Unfortunately, unless this action violates the terms of an employment contract or union agreement it is legal. The fact is that most work relationships are "at will". This means that a company can set the conditions employment much as it sees fit (absent some form of legally actionable discrimination). Bottom line, if you do not work the shift that you are scheduled for you can be terminated, with or without notice.

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

Answered 2 years ago | Contributor

Unfortunately, unless this action violates the terms of an employment contract or union agreement it is legal. The fact is that most work relationships are "at will". This means that a company can set the conditions employment much as it sees fit (absent some form of legally actionable discrimination). Bottom line, if you do not work the shift that you are scheduled for you can be terminated, with or without notice. 


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