per diems rights

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

per diems rights

I have been a per diem at a medical company
for 3 years.. I went on maternity leave upon
trying to return I was told that I would be able
to receive 1 day per week vs 3 days as I was a
customed to. The new is stating that if you do
not want to work on a fulltime rotation you
cannot receive hours. I cannot work a full
time schedule because of school however
their are other per diems working ,in a nut
shell if you donot accept the full time rotation
position you will not receive hours can they
do that

Asked on March 19, 2016 under Employment Labor Law, Florida

Answers:

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

Answered 8 years ago | Contributor

In an "at will" work relationship a company can set the conditions of employment  much as it sees fit. This includes who to schedule to work and for how long. Unfortunately, your personal schedule does not enter into this. So unless you have some protection against this action under the terms of a union agreement or employment contract, or this action in some way constitutes some form of legal discriminaton, you have no claim here. You will either have to comply with the schedule, complain and risk termination or quit.
Note: Not all employees need be treated the same or even fairly. able discrimination only arises if differing treatment is based on an employee's race, religion, nationality, age (over 40), gender or disability, and in some states sexual orientation.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Employment is employment at will; among other things, this means that the employer has free reign to set hours worked. So an employer is free to say that if you do work a full-time schedule, you will not receive hours; this is legal. They do *not* have to take your schedule or needs (e.g. that you cannot work full-time hours) into account; your needs are, to put it bluntly, irrelevant--the employer can set the rules, hours, schedules, etc. purely for its own needs.


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 lock Secured with SHA-256 Encryption