Can my employer force me to another shift after eliminating my position?

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Can my employer force me to another shift after eliminating my position?

I recently transferred to a new job location, specifically for third shift. The
company is eliminating that position in a couple of weeks, and is trying to force
me to work first or second shift, even though my availability is for 3rd shift
hours only. They will not lay me off, and have presented me with the options of
working the new hours or quitting. I do not have an employment contract nor is
there a union. If I am forced to quit, will I have a claim for unemployment as
my position was eliminated?

Asked on January 25, 2017 under Employment Labor Law, Massachusetts

Answers:

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

Answered 7 years ago | Contributor

Since you don't have either an employment contract or union agreement to protect you in this situation, I'm afraid that you are out of luck. The fact is that most employment is "at will" which means that a company can set the terms and conditons of the workplace much as it seems fit short of acionable discrimination. This means that it can schedule an empoyee as necessary. Bottom line, you have no right to be laid off, so you can either quit or work the hours for which you have been scheduled.


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