Q: Can my schedule be cut back because I was unable to fill in a spot for an employee that fell ill
I have been working for the company for 7 years. My schedule has been set for the last year and a half. One of our employees fell ill, and was unable to make her shift. In the restaurant business it's fairly easy to cover considering we have multiple staff members that are off that day. I was unable to find childcare outside of my agreement I have with my caretaker currently for my weekends at the restaurant. I have been told that my schedule will reflect my inability to cooperate and fill in for somebody. The final decision was either leave my child home alone, he is 12, or have my schedule cut back. Obviously I took the former, family is far more important, & I refuse to allow my child to stay at home. As I am aware that it is not legal in the state of Florida for a 12 year old to be home by themselves for a lengthy amount of time.
A: Barring an employment contract to the contrary, your employer is free to change your schedule. However, this adverse action cannot be done due to a discriminatory reason. Obviously, on the face failing to cover a shift is not discriminatory in nature, but if you feel that the stated reason was pretextual you should consult with an employment attorney as soon as possible.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
