What should I do if my current manager seems to have everyone on a regular schedule and I’m the only one “on call”?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What should I do if my current manager seems to have everyone on a regular schedule and I’m the only one “on call”?

I’ve been on the job for a month.

Asked on January 23, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You probably can't do anything. Subject only to an employment contract (if any) and the laws against employment discrimination (see below), employers are free to define their employees' responsibilities, to set schedules and duties, and to treat some employees differently--even worse--than others.

An employer cannot discriminate against an employee due to his or her race, religion, age over 40, disability, or sex--under federal law; your state may add a few other protected categories, such as sexual orientation. That does not mean, however, that, for example, a disabled, 50-year-old, African American Muslim female employee could not get different or worse treatment than other employees--just that she couldn't get different or worse treatment due to her age, disability, race, etc. But if there is a non-discriminatory reason to treat her differently--such as a lack of seniority or time in service--that is valid.

In your case, if you have only been there one month, then even if you did belong to a protected category, the fact that  you have little seniority could be a valid reason for making you be the on-call person.


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