Can my employer schedule me outside of my availiabilty?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my employer schedule me outside of my availiabilty?

I work 2 jobs, both part-time, I coach and I’m a server. I never signed a contract with a non-compete clause or moonlighting policy. I had the coaching job before I picked up my server job; my employer was aware that I was a coach before hiring me. I followed the proper channels and filled out the availiabilty sheets that they wanted us too and took Sunday off of my availiabilty. However, my employer still scheduled me during Sunday. Is this allowed? I told them I would not be able to attend work.

Asked on March 21, 2018 under Employment Labor Law, Iowa

Answers:

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

Answered 3 years ago | Contributor

Unless you have an employment contract or union agreement that offers you protection under the circumstances, you are an "at will" worker. This means that your company can set the conditions of your employment much as it sees fit (absent some form of actionable discrimination). Accordingly, you can be scheduled to work whenever your employer deems necessary. This is true whether or not it was aware of your other job and even if you noted that you would not be available on Sundays. If you refuse to work as scheduled, you can be disciplined (up to and including suspension/termination). In fact, you can be disciplined for any reason or no reason at all, with or without notice.

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

Answered 3 years ago | Contributor

Unless you have an employment contract or union agreement that offers you protection under the circumstances, you are an "at will" worker. This means that your company can set the conditions of your employment much as it sees fit (absent some form of actionable discrimination). Accordingly, you can be scheduled to work whenever your employer deems necessary. This is true whether or not it was aware of your other job and even if you noted that you would not be available on Sundays. If you refuse to work as scheduled, you can be disciplined (up to and including suspension/termination). In fact, you can be disciplined for any reason or no reason at all, with or without notice.


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