Section 17: Night work (1.) However, if you don't agree to such a  change your employer can terminate you (and without notice). 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. Find the right lawyer for your legal issue. If you choose not to and your employer makes your current shift redundant then you could find yourself out of a job. If you disagree with this your are free to quit. 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. ","acceptedAnswer":{"@type":"Answer","text":"The terms of an employment contract or union agreement would most probably cover such scheduling issues. Also, is this action the result of some form of actionable discrimination or the like?.If so, you may have recourse under the law. If your employer’s required hours differ from the hours you are willing to work, either a compromise is found or you part ways. Unlike the And for their part, an employee can choose to work for an employer or not. I will have to bid on it with everyone else. Your best bet now is to speak with HR and see what, if anything, you can work out regarding your scheduled hours. My employer was able to and quite nice enough to change me to night shift starting next week. If so, you have protection here. This includes mandating the rules and regulations regarding a shift change. While your treatment is seemingly unfair, it is legal. The fact is that an employer can set the terms and conditions of employment much as it sees fit (subject to the foregoing). While your treatment is seemingly unfair, it is legal. Sometimes, the hours of work which are written into a contract of employment contain some flexibility which allows the employer to require additional hours, or a change to working hours when required. Is this change the result of actionable discrimination? Find the right lawyer for your legal issue. I find this ethically wrong. I work the day shift full-time. Do you have an union agreement or employment contract that prohibits this? 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. IMPORTANT NOTICE: The Answer(s) provided above are for general information only. In other words, as long as you are supplying the employee with the contracted amount of hours – you can ask them to work whenever you need them to. Quotes and offers are not binding, nor a guarantee of coverage. What they legally can do is enter into a 3 month consultation period explaining the changes they propose to make to your shift pattern. 4. 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. Also, your employer must pay you time and a half for each hour you work overtime unless you … “Workers have a very limited right under the law to refuse work they consider to be hazardous to their health,” Berkowitz says. However, if you don't agree to such a change your employer can terminate you (and without notice). The fact is that an employer can set the terms and conditions of employment much as it sees fit (subject to the foregoing). However, if not, then I'm afraid that there really isn't much that you can do. Due to being on the night shift I am having health issues. Employers and their employees must agree to any changes in the night period in writing. I work nights and days. Laws may vary from state to state, and sometimes change. Furthermore, it’s clear from the question that this employee cannot work nights. You can refuse a change of shift, but he can fire you for the refusal, and it will be a legal firing. Disclaimer: I was short on my bank $44. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. 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. 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. Laws may vary from state to state, and sometimes change. It does not matter if you only work a full shift or only 30 minutes during this period. 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. 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. For example, the company may be adding a shift and need that particular person's expertise on that shift. 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. 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. Employers who take this approach upset staff and damage their companies’ reputations. If you do complete a health assessment questionnaire and the answers cause concern, your employer should refer you to a doctor. Is this change the result of actionable discrimination? For last 2 months I been working night shift and my boss did not even ask me. Can an employer force you to work off shift? Is this change. In this section, “night work” means work performed after 18:00 and before 06:00 the next day. I live in NYC I work as a waiter. Here is what you need to know. 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. If you are asked to work over your shift time, can the employer ask or force you to take longer lunch periods or leave early later in the week to wipe out the overtime? or an attorney's conclusion. Neither an employer nor an employee can change a contracts terms without the other party's consent. Or possibly this situation is covered by an existing company policy? 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 October 29, 2011 under Employment Labor Law, Massachusetts. I am pharmacist and I was hired on last year for the day shift. 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). You likely don’t have recourse. All legal content, insurance rates, products, and services are presented without warranty and guarantee. 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 … I believe night shift can harm a person body. Can an employer force employee to take leave of abscene without pay? The fact is that an employer has a great deal of discretion in setting the terms and conditions of employment. This includes mandating the rules and regulations regarding a shift change. You'll also learn what you need to know about COVID-19-related workplace laws that your employer may be flouting, why it may impact you negatively and what you can do about it. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome I work for a medical center as a Registered Nurse. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. See: Does this move violate existing company policy? An employer does not need to schedule around your shift preferences. 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. I live in the UK, in 2 weeks, we have a stock take at my work place. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be I have worked days for the last 3 years. I get excellent evaluations, exemplary and proficient. I am to flex between days and night. One night we were required to stay until 11:30 p.m. After a 7:30 a.m. Start time. The suggestion that an employer may force someone to work nights is certainly worrying. If you refuse to work overtime you can be terminated, or even if you do accept to work overtime, you can be terminated. While your treatment is seemingly unfair, it is legal. Disclaimer: Also, is this action the result of some form of actionable discrimination or the like?.If so, you may have recourse under the law. Unless you have a contract that states 8 AM to 5 PM, then your hours are whatever you and your employer agree to. (2.) FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. Can the employer change my normal work schedule; Can I refused to work on a shift that I did not sign for? The fact is that an employer has a great deal of discretion in setting the terms and conditions of employment. 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". And for their part, an employee can choose to work for an employer or not. They then told me if a day shift becomes available, I will not automatically get it. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. You can be fired simply because the manager doesn't like you. 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. All legal content, insurance rates, products, and services are presented without warranty and guarantee. The terms of an employment contract or union agreement would most probably cover such scheduling issues. A flat-out refusal to work the night shift probably will not work and may result in termination. 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. I'm a Per Diem staff. 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 … However, if you don't agree to such a  change your employer can terminate you (and without notice). 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. 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. Does this move violate existing company policy? They cannot force you to work that shift. Quotes and offers are not binding, nor a guarantee of coverage. You can then either agree to it or not. * I did not choose to leave my job; I was forced. Unlike the Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. 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. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. If so, you have protection here. 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. Unless you have a legally binding and enforceable contract or CBA that expressly and in so many words guarantees you one particular shift, at least in the US your employer can make your continued employment contingent on your working the shift he wants you to work. 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