What can I do if when I relocated out of state for my job, the holidays that I formally had off I now have to work?
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What can I do if when I relocated out of state for my job, the holidays that I formally had off I now have to work?
When I worked in my former state of residence, I had all federal holidays off. Prior to moving I asked my employer if there were going to be any changes to the position. I was told that there will only be minor changes to the job function; they did not mention how my schedule was going to change. Yet when I finally relocated they announced that we would no longer have federal holidays off with the exception of Christmas and New Year’s. This was never disclosed to me before making my decision and I feel completely robbed. Many employees who have relocated have been impacted by this as well. Is there any way I can fight this? Can my employer legally do this to us?
Asked on January 2, 2016 under Employment Labor Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Since there was no direct promise made as to your schedule, your employer was under no obligation to provide you with the same days off as you had in your former location. So unless this change violates company policy or the terms of an employment contract or union agreement, or constitutes some form of actionable discrimintion, it is perfectly legal.
The fact is that in an "at will" employment relationship, an employer can set the terms and conditions of the workplace as it sees fit. This includes which, if any, holidays to give off. In other words, since holiday time is a discretionary benefit, an employer can choose to give it to their employees or not.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is most likely nothing you can do, unless you had a written employment contract guarantying or specifying your holidays: in the absence of a contractual committment to providing certain holidays, there is no guarantee to or right to any given holiday(s) and your employer may change its holiday policy at any time, without prior notice or warning.
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