If you tell your employer you have full availability, does that require you to work overnight?

UPDATED: Dec 19, 2011

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If you tell your employer you have full availability, does that require you to work overnight?

I work as a supervisor in a department store and my availability is open to close does that mean they can schedule me to work overnight as they please?

Asked on December 19, 2011 under Employment Labor Law, Florida


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

Answered 11 years ago | Contributor

The fact is that, yes your employer can schedule you to work overnight. While an employer will try to schedule an employee according to the employee's availability, it can and will always schedule employees has to its needs. In most instances, an employer has a great deal of discretion in setting the terms and conditions of the workplace. This includes who and when to schedule for hours of operation. For their part, an employee can choose to work for an employer or not. This is known as "at will' employment.  

Exceptions to the above would be if scheduling you overnight violates existing company policy, the terms of an employment contract/union agreement, or constitutes some form of actionable discrimination.

Bottom line, an employer can discharge an employee as it sees fit - this means for any reason or no reason at all. Hopefully, you can resolve this matter or else you risk losing your job.

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.

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