What are my rights, if any, regarding having to work hours that I cannot?

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What are my rights, if any, regarding having to work hours that I cannot?

I was told I was being transferred which would be ok, but my hours are currently 8-4 Mon-Fri and the place I am to be transferred to is 7 days a week from 6 am-10 pm operating hours. I have a

young daughter and cannot work the requested hours. I was told to figure it out and am supposed to report tomorrow. If I’m fired, can I collect unemployment?

Asked on April 1, 2019 under Employment Labor Law, Georgia

Answers:

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

Answered 3 years ago | Contributor

You must work the hours for which you are scheduled. That is unless you have the right to opt out of such a schedule under the terms of an employment contract or union agreement. The fact is that most employment is "at will" which means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). You will be eligible for unemployment benefits so long as you are not fired for cause (i.e. employment misconduct).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) You have no rights regarding working hours which you cannot, unless you had a written employment contract guarantying or setting your hours. If you had such a contract, you can enforce it, including in court if necessary. But without such a contract, your job's hours are 100% under the employer's control: the employer may set or change your hours at will, and is not required to take the impact on you or your family into account.
2) If you are terminated but not "for cause" (i.e not fired due to some at-work wrongdoing, like violating company policy, insubordination, fighting or theft or drug/alcohol use, etc.) at work, you should be eligible for unemployment.


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