An employer does not need to schedule around your shift preferences. And for their part, an employee can choose to work for an employer or not. What they legally can do is enter into a 3 month consultation period explaining the changes they propose to make to your shift pattern. * I am to flex between days and night. If you disagree with this your are free to quit. You can be fired simply because the manager doesn't like you. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. ","acceptedAnswer":{"@type":"Answer","text":"Do you have an union agreement or employment contract that prohibits this? Even so, any changed period must be at least seven (7) hours long and it must include midnight (24:00) to 5 am (05:00). Now someone else ill probably get it (I have the least seniority at night time too). 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. ? Does this move violate existing company policy? FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. It does not matter if you only work a full shift or only 30 minutes during this period. Work environments are not static and employers can require employees to work outside of their regular working hours. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. A flat-out refusal to work the night shift probably will not work and may result in termination. Is this change. You can refuse a change of shift, but he can fire you for the refusal, and it will be a legal firing. However, if you don't agree to such a  change your employer can terminate you (and without notice). I live in the UK, in 2 weeks, we have a stock take at my work place. Also, your employer must pay you time and a half for each hour you work overtime unless you … Unlike the I work for a medical center as a Registered Nurse. I am pharmacist and I was hired on last year for the day shift. 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. Thus, if the employer trys to force you to do day shifts, you may be able to resign and claim constructive unfair dismissal if you've worked there for more than a year. Does this move violate existing company policy? I work the day shift full-time. He told me that it was temporary but now that I requested to put be put back on the schedule as day shift he is not giving me any answer. After all, on some occasions there’ll be no one at home to look after a child. If so, you have protection here. This one is complicated, but generally, if your company says you have to return to the workplace, you have to go back if you want to keep the job. Your employer may want to change your work hours by: cutting your hours so you earn less; increasing the hours you work; changing the hours that you work without changing the total number of hours, for example, moving from night shift to day shift; If the business you work for has recently changed hands. or an attorney's conclusion. Can a employer deduct from your hourly wage every time you are late for work? You can then either agree to it or not. If you choose not to and your employer makes your current shift redundant then you could find yourself out of a job. However, if the contract states that your working pattern is 20 hours per week over 3 days, the employer is not permitted to change your shift pattern without your agreement. I will have to bid on it with everyone else. I am being told that I have to go down to night shift because they are short staffed and I have the least seniority. I live in NYC I work as a waiter. 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. "}}]}, Asked on January 3, 2012 under Employment Labor Law, Florida. 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. While your treatment is seemingly unfair, it is legal. If you disagree with this your are free to quit. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome “Workers have a very limited right under the law to refuse work they consider to be hazardous to their health,” Berkowitz says. The act clearly states that any work conducted between 18:00 and 06:00 is considered night work. 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. If you have worked for the same employer for at least 12 months, you must be given vacation time and pay even if you don’t work full time. IMPORTANT NOTICE: The Answer(s) provided above are for general information only. If your employer’s required hours differ from the hours you are willing to work, either a compromise is found or you part ways. Can my employer force me to work a double shift due to schedule changes, without notification My employer changed my set shift time without notifying me. 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. All legal content, insurance rates, products, and services are presented without warranty and guarantee. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Quotes and offers are not binding, nor a guarantee of coverage. If you do complete a health assessment questionnaire and the answers cause concern, your employer should refer you to a doctor. Is it legal for them to make us work a night shift and not pay us for it. However, if not, then I'm afraid that there really isn't much that you can do. See: Section 17: Night work (1.) My employer was able to and quite nice enough to change me to night shift starting next week. As others have stated, if the job you applied and eventually got hired for stated you must work variable hours, shifts, weekends, holidays, and on call, you cannot convince your employer that you cannot … Employers who take this approach upset staff and damage their companies’ reputations. Night shift work can only be performed by agreement between the employer and employee. However, if you don't agree to such a  change your employer can terminate you (and without notice). Quotes and offers are not binding, nor a guarantee of coverage. For example, the company may be adding a shift and need that particular person's expertise on that shift. However, if none of the foregoing applies top yuor situation if not I'm afraid that you must either make the move or face possible termination.The fact is that an employer has a great deal of discretion in setting the terms and conditions of employment. If your co-worker believes the employer is making this change for some type of discriminatory motive e.g., her gender or race or if the change is due to some sort of retaliation against her by the employer, a consultation with a nurse attorney or attorney would be a good idea. An employer may only require or permit an employee to perform night work, if so agreed, and if— (a.) If so, you have protection here. You have no guarantee of job stability or continued employment with your employer. Can my employer force me to come back to work there? Also, is this action the result of some form of actionable discrimination or the like?.If so, you may have recourse under the law. Copyright © 1995-2021  |  FreeAdvice.com  |  15310 Amberly Dr, Suite 250, Tampa, FL 33647  |  Privacy Policy  |  Terms & Conditions  |  CCPA. Question Details: I was hired 4 years ago as night LNA and eventually was hired to work days. Can an employer force employee to take leave of abscene without pay? If you will not work night shift, an employer can easily fire you and hire someone else who will be happy for any work they can get. Find the right lawyer for your legal issue. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. 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. The short answer is that there is nothing illegal with changing employee shifts if there is a legitimate reason behind it. Otherwise, you … You would be eligible for unemployment benefits however. The terms of an employment contract or union agreement would most probably cover such scheduling issues. Can the employer change my normal work schedule; Can I refused to work on a shift that I did not sign for? For last 2 months I been working night shift and my boss did not even ask me. I was just told that I have to work Monday night which I normally work Monday through Friday. Does this move violate existing company policy? Copyright © 1995-2021  |  FreeAdvice.com  |  15310 Amberly Dr, Suite 250, Tampa, FL 33647  |  Privacy Policy  |  Terms & Conditions  |  CCPA. Digestion slows down while we snooze so we need to be kind in what we feed our bodies before we sleep to make the job of the digestive system easier. This includes mandating the rules and regulations regarding a shift change. If you disagree with this your are free to quit. I believe night shift can harm a person body. Neither an employer nor an employee can change a contracts terms without the other party's consent. Exceptions apply if workers and employers agree a different period for 'night time'. They cannot force you to work that shift. If the contract permits the employer to change the days on which you work, it is likely that you will be required to change your shifts. The existence of a requirement to be flexible with working hours in the signed contract of employment means that you are permitted to require your staff to change their day shifts to night … Yes, your employer may force you to take a different shift, even if you do not have childcare available for that new shift--and even if one of your children has a medical condition. "}}]}, Asked on October 29, 2011 under Employment Labor Law, Massachusetts. I did not choose to leave my job; I was forced. {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Can my employer force me to work night shift? Your employer should not reduce your hours and/or pay without following the correct procedure. Coming home after a night shift and devouring a big, fat doughnut and polishing off a can of coke or beer may seem appealing, but your guts need to work really hard to digest this while you sleep. The fact is that an employer can set the terms and conditions of employment much as it sees fit (subject to the foregoing). ","acceptedAnswer":{"@type":"Answer","text":"The terms of an employment contract or union agreement would most probably cover such scheduling issues. Or possibly this situation is covered by an existing company policy? Do you have an union agreement or employment contract that prohibits this? This includes mandating the rules and regulations regarding a shift change. IMPORTANT NOTICE: The Answer(s) provided above are for general information only. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. They then told me if a day shift becomes available, I will not automatically get it. While your treatment is seemingly unfair, it is legal. I'm much better today and will go back to work on Monday. – Matt May 19 '13 at 18:11 Also, is this action the result of some form of actionable discrimination or the like?.If so, you may have recourse under the law. I get excellent evaluations, exemplary and proficient. The fact is that an employer can set the terms and conditions of employment much as it sees fit (subject to the foregoing). All legal content, insurance rates, products, and services are presented without warranty and guarantee. However, if you don't agree to such a change your employer can terminate you (and without notice). In this section, “night work” means work performed after 18:00 and before 06:00 the next day. I work nights and days. I'm a Per Diem staff. {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Can an employer force an employee to go from a day shift position to a night position? I am an exempt employee and work where many, many hours have now become the standard. And for their part, an employee can choose to work for an employer or not. Your boss could, however, take money from your tips that evening to cover the cost of the glass. Flexibility. 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. For example, if you dropped a glass at work, your boss cannot take money from your wages to buy a new one. The fact is that an employer can set the terms and conditions of employment much as it sees fit (subject to the foregoing). Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be Employers and their employees must agree to any changes in the night period in writing. Is this change the result of actionable discrimination? Disclaimer: And for their part, an employee can choose to work for an employer or not.Your best bet now is to speak with HR and see what, if anything, you can work out regarding your scheduled hours. Our manager has put up a few signs around our workplace stating "if the warehouse is not tidy before the stock take, you will be made to work a night shift unpaid". Disclaimer: Is this change the result of actionable discrimination? When is Night shift allowance earned? If you refuse to work overtime you can be terminated, or even if you do accept to work overtime, you can be terminated. Unlike the If a doctor tells you that you have health problems caused by night work, your employer must transfer you to daytime work - if this is possible. Do you have an union agreement or employment contract that prohibits this? This includes mandating the rules and regulations regarding a shift change. 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