If you wrote down on your application that you cannot work certain days, can your workplace still make you work those days?

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If you wrote down on your application that you cannot work certain days, can your workplace still make you work those days?

I have on my application I cannot work every other weekend but my employer has started to make me work 6 weekends in a row while another employee gets off every Sunday to go to church. I’ve been with the company 6 years but this is now an issue. I get my kids every other weekend and want to be with them. Do they have to follow the unavailability if known when hired?

Asked on August 26, 2017 under Employment Labor Law, Tennessee

Answers:

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

Answered 4 years ago | Contributor

Unfortunately, what is written in by a prospetive worker regarding their work availability on a job application is not legally binding on a company. Absent an employment contract or union agreement to the contrary, a business can set the conditons of employment much as it sees fit (absent some form of legally actionable discrimnation). Accordingly, it can schedule it workers as it deems necessary. While this is unfortunate for you under the circumstances, it is legal.


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