Is it legal for a company to list voluntary resignation for an employee if they are being forced to sign an offer to change shifts or lose their job?

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Is it legal for a company to list voluntary resignation for an employee if they are being forced to sign an offer to change shifts or lose their job?

I work for a company that is ending their second shift entirely. The HR and recruiting departments sent out offer letters to each member on my team to resign because of the empending shift change. However, I cannot change my from 3:30 pm -12:00 am Tues-Sat to a 6:30 am – 3:00 pm Sun-Thurs shift as this will have a major impact on my health and sanity. The HR department confirmed to me that because I didn’t sign the offer letter, which the offer was voluntary, that I would be listed as a voluntary resignation. Is this legal for them to do so, when I’m not resigning, but forced to change hours so drastically?

Asked on June 21, 2019 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The company still was offering you employment: it may have been for a different shift, but it is the employer's right to change shifts, schedules, etc. at will. Because you are refusing to work the new shift they offered you, you are considered to have voluntarily resigned--you are choosing to leave rather than take work which is available to you.


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