What are my legal rights regarding a schedule change?
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What are my legal rights regarding a schedule change?
I was hired 5 years ago for a town job in union shop. 5 year schedule changed and is causing financial hardship. Schedule change was to be done by seniority – out of 17 peopleI have seniority over 5-6 but was the only 1 that did not get the schedule I needed. Supervisor is trying to push me out knowing I need this 1 day. This will cause a financial burden on me as I have another job that day.
Asked on March 28, 2011 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You say that it is a union shop. If so, then any changes to schedules, any determination of who does (and who does not) have to accept a change or reduction, etc. have to be done in accordance with the union agreement. If it's not, you may have grounds for a legal action to enforce the agreement (and your union may help you); but if the change is done in accordance with the union or collective bargaining agreement, then it is probably proper. Generally speaking, employers can set their own schedules, assign work and shifts, etc. When there is a contract or agreement, either personal or union, they have to honor its terms, but that's usually the only limitation on their power to do so. The only other typical exception would be if you believe you are being discriminated against on the basis of a protected category, such as your race, religion, age over 40, sex, or disability; if so, you may have an employment discrimination claim.
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