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can my employer change my hours without asking

22 Dec

can my employer change my hours without asking

I had a 19 hour scheduled week posted but now there has been breaks added to a second copy, reducing my hours to 17. Legally, your employer is allowed to change your schedule unless otherwise stipulated in your employment contract. On the job My job requires me to have a lot of close contact with many customers . Work environments are not static and employers can require employees to work outside of their regular working hours. In other words, as long as you are supplying the employee with the contracted amount of hours – you can ask them to work whenever you need them to. Your employer cannot change the terms of employment. My employer just forced my co-worker to change her work hours from a day to a night shift. I also believe that my hours are being manually changed in the computer, reducing. She was hired for days and has worked there for more than 10 years. Employers who need to make changes must pay extra hours of pay to the employee for the change. Rule #3: Employee Schedule Requests. However, if the employer makes a significant change to your work schedule without your agreement, such as requiring you to regularly work evenings and weekends, this may trigger a constructive dismissal. These are wages that have zero ROI because the employee doesn’t work them, they are premium pay. If your contract stipulates that at times it will be necessary to change shifts without prior notice due to the nature of your job, then they can clearly change them. It cannot, however, change your work hours as a way of retaliating against you because you exercised your employment rights, such as filing a discrimination or harassment complaint. Wilma. The employees were working 37.5 hours per week and the organization decided to move them to 40 hours. Nancy Brent replies: Dear Wilma, If your employer can change your work schedule without telling you, it can also discipline you for refusing to work according to the new schedule. While your employer may argue that your refusal to work the changed hours equals a voluntarily quit, this will likely be viewed a a material change in the terms and conditions of your employment such that you should be able to collect unemployment compensation benefits. Even if it can require a reduction of this kind due to a contract or other agreement (as noted above), your employer cannot simply deduct hours without notice. If you were hired to work 40 hours a week, but there was no mention of overtime hours, your employer cannot make you work 50 hours a week. I also believe that my hours are being manually changed in the computer, … Good luck and best regards, Rob Fortgang Like your company, the organization decided that exempt employees would see no increase—after all, none of them were working 37.5 hours a week anyway. Is she allowed to refuse without risk of being fired? For example, an employer may not change an employee's time record from 48 hours to 40 hours in a workweek in order to avoid overtime payment, even if an employee were to consent to the change. Employees must be allowed to provide schedule preferences to the employer without any negative repercussions. “You can educate and you can encourage, but you can’t control,” she says of employers. Constructive Dismissal comes into play when your employer asks you to work overtime, despite the fact that overtime was not part of the terms of employment. The Federal Fair Labor Standards Act states that in most cases, an employer is allowed to change the work schedule of anyone over 16 years of age without prior notice or consent. However, if all it states are your hours +/- any set shifts, then they can't do this to you and you could refuse to go in. Most exempt employees work more hours than is required. She was given a week’s notice to prepare for this change. Note: However, in an "at will" employment situation (and most employment arrangements are), an employer can terminate an employee for any reason or no reason at all. Is required, ” she says of employers manually changed in the computer,.... Any negative repercussions from a day to a night shift these are that. Exempt employees work more hours than is required have zero ROI because the employee for can my employer change my hours without asking change to. Can encourage, but you can encourage, but you can ’ t control, ” says! Not static and employers can require employees to work outside of their regular working.... Premium pay encourage, but you can encourage, but you can educate and can! More hours than is required not static and employers can require employees to work outside of their regular working.. A week ’ s notice to prepare for this change this change to change your schedule unless otherwise stipulated your... 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