CHANGE OF WORKING HOURS

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CHANGE OF WORKING HOURS

CAN MY EMPLOYER CHAN GE MY HOURS WITHOUT DISCUSSING WITH ME? AND! AFTER 1.5 MONTHS OF REPEATEDLY ASKING FOR A MORE FEASIBLE SCHEDULE WILL THEY BE ABLE TO DENY MY EMPLOYMENT BENEFITS

Asked on June 5, 2009 under Employment Labor Law, Indiana

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unless you have a written employment contract, or you work for the government, you are an employee "at will," which means that your employer does not even need a reason to fire you, as long as no illegal reasons (racial discrimination, for example) are involved.  This also means that no justification is needed for a change in your employment that is less drastic than firing, such as changing your schedule.

There are some limits to this, which can depend on details of your situation, which I don't have;  sometimes, variations in state law matter as well, and I don't practice in Indiana.  You need to discuss your case in some depth, with an attorney in your area, and one place to find a lawyer is our website, http://attorneypages.com

I can't rule out the possibility that the changed schedule, and the refusal to change it, might violate your rights.  As one example, if you are protected by the Americans With Disabilities Act, and the schedule you want would be no more than a "reasonable accommodation (which can be a little more involved than it sounds)", it might be possible to do something.

But if the employer was within its rights to change your hours, quitting because of it is still quitting, probably, for purposes of unemployment benefits.


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