If my company wants to change my hours after 14 years but I have a newborn and can’t work the new hours, can they fire me for this?

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If my company wants to change my hours after 14 years but I have a newborn and can’t work the new hours, can they fire me for this?

I have never complained about my schedule before but in the past year there has been an employee who was murdered while working the hours they want me to work. I currently work from 9:15 am to 5:45 pm and they want to change it to 11a to 7:00 pm. The other employee was killed around 7p. There are no lights, security or anyone else working in the area at that time. I also have an 8 week old son who I am paying daycare for every week. They close at 6:00 pm. I am completely stressed about this.

Asked on August 13, 2012 under Employment Labor Law, Florida

Answers:

Micah Longo / The Longo Firm

Answered 11 years ago | Contributor

Florida is an at-will employment state;  this simply means that you can be terminated for any reason as long as it is not an unlawful reason.  An example of an unlawful reason would be firing you because you're a woman, or pregnant, or hispanic.

In your case, if you are unwilling to work the hours they want you to work, you could be terminated.  While it may be a poor business decision to have a women working these hours, given the history, the court will not second guess the business decision of your employer.

My advice would be to voice your concerns to your supervisor in writing. Be sure not to sugarcoat your complaints/concerns.  If they fire you for voicing your concerns, you may have a retaliation claim.


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