Can my boss schedule me for a shift that is not on my availability?

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-You

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#1 -You
Member since 2009 • 253 Posts

My boss is being an ass and has scheduled me to work night shifts for the week without consulting me, I'm just wondering if I have the right to refuse to work?

Has this every happened to any of you and if so what did you do?

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horgen

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#2 horgen  Moderator
Member since 2006 • 127732 Posts
I don't know how it works where you live. But here... My experience is that they will set you up for other shifts than the ones you have said you can take... So I call in, say I can't work at those shifts and he will have to get someone else.
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Pirate700

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#3 Pirate700
Member since 2008 • 46465 Posts

What did you put on your application? If they try to get you to work weird hours that you didn't say you could work from the start, that's on them and not what you signed up for. Otherwise, it's on you.

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-Fromage-

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#4 -Fromage-
Member since 2009 • 10572 Posts
That sounds like my boss. Anyway the decent thing he should have done is consult you to get your approval of it. If you cant do it, or dont want to, you'll have to talk to your boss. Otherwise I dont think refusing to work will help you in any way.
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Dogswithguns

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#5 Dogswithguns
Member since 2007 • 11359 Posts
Yes they can, they need someone that reliable for the short handed.. sometimes you gonna have to helpout even if you don't want to. it's possible they can fire you.
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markop2003

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#6 markop2003
Member since 2005 • 29917 Posts
Depends if you told him previously what hours you could not work, it's up to you to be pro-active in this.
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hadoken

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#7 hadoken
Member since 2003 • 2730 Posts
last time my dumb work scheduled me for a morning shift cuz they knew i had no school on that day and i phoned in sick to own them
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TheHighWind

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#8 TheHighWind
Member since 2003 • 5724 Posts

I never had this problem because I had nothing better to do than work all the time. :(

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Pirate700

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#9 Pirate700
Member since 2008 • 46465 Posts

Depends if you told him previously what hours you could not work, it's up to you to be pro-active in this.markop2003
Exactly. If you told them specific times before being hired, they can't make you work hours outside of what you and the employer agreed to.

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Pirate700

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#10 Pirate700
Member since 2008 • 46465 Posts

Yes they can, they need someone that reliable for the short handed.. sometimes you gonna have to helpout even if you don't want to. it's possible they can fire you.Dogswithguns
Sure if there's something you can get out of. Sometimes you actually aren't available for a certain time or day. Period.

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CRS98

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#11 CRS98
Member since 2004 • 9036 Posts
Form a union.
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Dogswithguns

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#12 Dogswithguns
Member since 2007 • 11359 Posts

[QUOTE="Dogswithguns"]Yes they can, they need someone that reliable for the short handed.. sometimes you gonna have to helpout even if you don't want to. it's possible they can fire you.Pirate700

Sure if there's something you can get out of. Sometimes you actually aren't available for a certain time or day. Period.

I used to say no many times whey my boss asked me to stay over or come in early. but they also said it's okay if I don't want to.. but if they didn't give you a choice that's a really tough... anyways, Im unemployed now. hehee
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MonsieurX

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#13 MonsieurX
Member since 2008 • 39858 Posts
last time my dumb work scheduled me for a morning shift cuz they knew i had no school on that day and i phoned in sick to own themhadoken
I shall call you now "king ownage"
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#14 Meat_Wad_Fan
Member since 2002 • 9054 Posts

Depends on what reason you gave him for not being able to work nights... Why are you not able to work nights?

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Pirate700

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#15 Pirate700
Member since 2008 • 46465 Posts

TC, again...what times did you agree to when they offered you the job?

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-You

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#16 -You
Member since 2009 • 253 Posts

TC, again...what times did you agree to when they offered you the job?

Pirate700
I never agreed to work the night shift (10:00pm-7:00am) I have done it in the past but that was with a weeks worth of notice and I was told it was a one time thing.
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Gamingclone

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#17 Gamingclone
Member since 2009 • 5224 Posts

Yes they can, if you really cant work over night then you have to tell him face to face.

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Pirate700

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#18 Pirate700
Member since 2008 • 46465 Posts

[QUOTE="Pirate700"]

TC, again...what times did you agree to when they offered you the job?

-You

I never agreed to work the night shift (10:00pm-7:00am) I have done it in the past but that was with a weeks worth of notice and I was told it was a one time thing.

So on your application you put down the specific times you could work and they agreed to that? If so, then inform your boss of that.

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tenaka2

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#19 tenaka2
Member since 2004 • 17958 Posts

My boss is being an ass and has scheduled me to work night shifts for the week without consulting me, I'm just wondering if I have the right to refuse to work?

Has this every happened to any of you and if so what did you do?

-You

Its the land of the free, just to what your boss says, damit.

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XilePrincess

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#20 XilePrincess
Member since 2008 • 13130 Posts
If you've given him notice or he knew at very least 2 weeks ago (this is critical for most jobs when availability changes) that you cannot work those shifts, just call and let him know you can't work those and are not available. It may just have been a scheduling error and easily fixable, don't assume he did it as an "eff you, you work when I tell you to" kind of thing. You need to call him regardless and let him know, you can't just not show up.
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cdragon_88

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#21 cdragon_88
Member since 2003 • 1848 Posts

From my understanding, they can if you put on your app as avaible anytime, which most of us do. However, they can't change your schedule out of no where quickly and hope you comply. They have to give you a heads up x amount of days ahead if they change your schedule.

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POPEYE1716

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#22 POPEYE1716
Member since 2003 • 4749 Posts
[QUOTE="hadoken"]last time my dumb work scheduled me for a morning shift cuz they knew i had no school on that day and i phoned in sick to own themMonsieurX
I shall call you now "king ownage"

last time my dumb work scheduled me for a morning shift cuz they knew i had no school on that day and i phoned in sick to own themhadoken
Nice, I dont even show up I just do a no call no show. Look at my availability its there for a reason
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ad1x2

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#23 ad1x2
Member since 2005 • 8430 Posts

Read what your state law says about it as well as what your employment rules say. Different places have different rules. For the most part, I don't see why they can't unless you was still in high school and they was trying to make you work during school hours. Depending on what the laws say in your area, prepare to be fired for refusing to work without any type of recourse.

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LJS9502_basic

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#24 LJS9502_basic
Member since 2003 • 180144 Posts
Technically if you aren't available for the job...they don't have to keep you. Did you discuss your availability with your boss before you were hired?
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#25 MistressMinako
Member since 2008 • 45964 Posts
I had to remind my boss when I was working that I couldn't work some days. She forgot once and I told her one of the days I wasn't supposed to be there (missed class that day) and she fixed it. Just don't wait until the day of or they will be super pissed.
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Pirate700

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#26 Pirate700
Member since 2008 • 46465 Posts

Read what your state law says about it as well as what your employment rules say. Different places have different rules. For the most part, I don't see why they can't unless you was still in high school and they was trying to make you work during school hours. Depending on what the laws say in your area, prepare to be fired for refusing to work without any type of recourse.

ad1x2

If he put down on his app that he could only work certain hours and they hired him with that agreement, he can't be fired if he can't work outside of those hours. They could potentially lay him off though.

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Johnny_Rock

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#27 Johnny_Rock
Member since 2002 • 40314 Posts

My boss is being an ass and has scheduled me to work night shifts for the week without consulting me, I'm just wondering if I have the right to refuse to work?

Has this every happened to any of you and if so what did you do?

-You

Where I live we have an "at will" law where an employer can release you at will as long as the reason does not conflict with any civil rights. So, if you were employed in PA, refusal to work a scheduled shift can get you fired. Not only that, but refusal to work would constitute willful misconduct that may disqualify you for unemployment.

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Pirate700

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#28 Pirate700
Member since 2008 • 46465 Posts

[QUOTE="-You"]

My boss is being an ass and has scheduled me to work night shifts for the week without consulting me, I'm just wondering if I have the right to refuse to work?

Has this every happened to any of you and if so what did you do?

Johnny_Rock

Where I live we have an "at will" clause where an employer can release you at will as long as the reason does not conflict with any civil rights. So, if you were employed in PA, refusal to work a scheduled shift can get you fired. Not only that, but refusal to work would constitute willful misconduct that may disqualify you for unemployment.

He's not refusing to work. It would be nice if he clarified what he had on his application though.

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Johnny_Rock

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#29 Johnny_Rock
Member since 2002 • 40314 Posts

[QUOTE="Johnny_Rock"]

[QUOTE="-You"]

My boss is being an ass and has scheduled me to work night shifts for the week without consulting me, I'm just wondering if I have the right to refuse to work?

Has this every happened to any of you and if so what did you do?

Pirate700

Where I live we have an "at will" clause where an employer can release you at will as long as the reason does not conflict with any civil rights. So, if you were employed in PA, refusal to work a scheduled shift can get you fired. Not only that, but refusal to work would constitute willful misconduct that may disqualify you for unemployment.

He's not refusing to work. It would be nice if he clarified what he had on his application though.

It's right in his post. he's asking if he has the right to refuse to work. And he does not. And what is in his application or resume doesn't matter. Even if he stated that he could not work certain nights, the employer has the right to change their requirements based on fluctuating business needs.

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Pirate700

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#30 Pirate700
Member since 2008 • 46465 Posts

[QUOTE="Pirate700"]

[QUOTE="Johnny_Rock"]

Where I live we have an "at will" clause where an employer can release you at will as long as the reason does not conflict with any civil rights. So, if you were employed in PA, refusal to work a scheduled shift can get you fired. Not only that, but refusal to work would constitute willful misconduct that may disqualify you for unemployment.

Johnny_Rock

He's not refusing to work. It would be nice if he clarified what he had on his application though.

It's right in his post. he's asking if he has the right to refuse to work. And he does not. And what is in his application or resume doesn't matter. Even if he stated that he could not work certain nights, the employer has the right to change their requirements based on fluctuating business needs.

What hours they agreed to DOES matter. They can lay him off if he's no longer needed for a certain time and he can't work the new time but they can't fire him for it.

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LJS9502_basic

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#31 LJS9502_basic
Member since 2003 • 180144 Posts

[QUOTE="Johnny_Rock"]

[QUOTE="-You"]

My boss is being an ass and has scheduled me to work night shifts for the week without consulting me, I'm just wondering if I have the right to refuse to work?

Has this every happened to any of you and if so what did you do?

Pirate700

Where I live we have an "at will" clause where an employer can release you at will as long as the reason does not conflict with any civil rights. So, if you were employed in PA, refusal to work a scheduled shift can get you fired. Not only that, but refusal to work would constitute willful misconduct that may disqualify you for unemployment.

He's not refusing to work. It would be nice if he clarified what he had on his application though.

Usually refusing to work means not showing up for work not due to emergency or sickness.:P
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LJS9502_basic

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#32 LJS9502_basic
Member since 2003 • 180144 Posts

[QUOTE="Johnny_Rock"]

[QUOTE="Pirate700"]He's not refusing to work. It would be nice if he clarified what he had on his application though.

Pirate700

It's right in his post. he's asking if he has the right to refuse to work. And he does not. And what is in his application or resume doesn't matter. Even if he stated that he could not work certain nights, the employer has the right to change their requirements based on fluctuating business needs.

What hours they agreed to DOES matter. They can lay him off if he's no longer needed for a certain time and he can't work the new time but they can't fire him for it.

I don't know about that. If job markets change and his availability is in conflict then I doubt they have to keep him.
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LaytonsCat

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#33 LaytonsCat
Member since 2010 • 3652 Posts

Yes he can. whether thats fair or not is another story.

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Pirate700

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#34 Pirate700
Member since 2008 • 46465 Posts

[QUOTE="Pirate700"]

[QUOTE="Johnny_Rock"]

It's right in his post. he's asking if he has the right to refuse to work. And he does not. And what is in his application or resume doesn't matter. Even if he stated that he could not work certain nights, the employer has the right to change their requirements based on fluctuating business needs.

LJS9502_basic

What hours they agreed to DOES matter. They can lay him off if he's no longer needed for a certain time and he can't work the new time but they can't fire him for it.

I don't know about that. If job markets change and his availability is in conflict then I doubt they have to keep him.

Which would call for a layoff and not a firing. In most states when an employee is hired, it is based on an agreement of hours, schedule and pay. If he marked that he's available whenever, then I'd say it's on him. Either way he needs to talk to his boss. Not sure why that wasn't his first move. :P

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Johnny_Rock

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#35 Johnny_Rock
Member since 2002 • 40314 Posts

[QUOTE="Johnny_Rock"]

[QUOTE="Pirate700"]He's not refusing to work. It would be nice if he clarified what he had on his application though.

Pirate700

It's right in his post. he's asking if he has the right to refuse to work. And he does not. And what is in his application or resume doesn't matter. Even if he stated that he could not work certain nights, the employer has the right to change their requirements based on fluctuating business needs.

What hours they agreed to DOES matter. They can lay him off if he's no longer needed for a certain time and he can't work the new time but they can't fire him for it.

I would go to the website for the labor board of the state you live in before you try to test that theory of yours. In PA, he can be let go for this. An employment application is not a legally binding contract. So unless he signed a separate contract that stated his shift would not change, he's screwed.

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Pirate700

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#36 Pirate700
Member since 2008 • 46465 Posts

[QUOTE="Pirate700"]

[QUOTE="Johnny_Rock"]

It's right in his post. he's asking if he has the right to refuse to work. And he does not. And what is in his application or resume doesn't matter. Even if he stated that he could not work certain nights, the employer has the right to change their requirements based on fluctuating business needs.

Johnny_Rock

What hours they agreed to DOES matter. They can lay him off if he's no longer needed for a certain time and he can't work the new time but they can't fire him for it.

I would go to the website for the labor board of the state you live in before you try to test that theory of yours. In PA, he can be let go for this. An employment application is not a legally binding contract. So unless he signed a separate contract that stated his shift would not change, he's screwed.

Or he could just do the easy thing and talk to his boss. It's probably just a mistake to begin with.

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JusticeFromSeed

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#37 JusticeFromSeed
Member since 2005 • 336 Posts

No, no you cannot refuse. Unless you signed a contract when you were hired that says "I get to choose what days I work and have the right to bum out of any shift I want," you're SOL. Welcome to Big Boy land.

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Serraph105

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#40 Serraph105
Member since 2007 • 36092 Posts

I'd talk to your boss about it. If he is doing it all the time than I would probably get in an argument about it, but if it's once or twice in a blue moon I wouldn't get worked up.

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scouttrooperbob

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#41 scouttrooperbob
Member since 2008 • 2439 Posts

My old boss would call me and if I didnt get the call or call back in time than they would assume i could take the hours. My boss was a good employer and cahnged it for me though

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Serraph105

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#43 Serraph105
Member since 2007 • 36092 Posts
[QUOTE="JusticeFromSeed"]

No, no you cannot refuse. Unless you signed a contract when you were hired that says "I get to choose what days I work and have the right to bum out of any shift I want," you're SOL. Welcome to Big Boy land.

thegerg
Yes, he can refuse. His boss can't force him to work if he chooses not to.

indeed, that is also part of Big Boy Land.
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scouttrooperbob

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#44 scouttrooperbob
Member since 2008 • 2439 Posts

[QUOTE="scouttrooperbob"]

My old boss would call me and if I didnt get the call or call back in time than they would assume i could take the hours. My boss was a good employer and cahnged it for me though

thegerg

Thanks for sharing.

any time bro