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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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.DogswithgunsSure if there's something you can get out of. Sometimes you actually aren't available for a certain time or day. Period.
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[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
Depends on what reason you gave him for not being able to work nights... Why are you not able to work nights?
[QUOTE="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. 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.TC, again...what times did you agree to when they offered you the job?
-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?
-You
Its the land of the free, just to what your boss says, damit.
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.
[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 themMonsieurXI 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 themhadokenNice, I dont even show up I just do a no call no show. Look at my availability its there for a reason
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.
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.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
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.
[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.[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.
He's not refusing to work. It would be nice if he clarified what he had on his application though.[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
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.[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[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.[QUOTE="Pirate700"]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[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
[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.
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.[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
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.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.
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.
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
[QUOTE="JusticeFromSeed"]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.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
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