Q: After-hours & Weekend On-Call roster was NOT in the job description or a requirement when hired.
I'm a newly hired employee & during interview & my first few weeks of employment was confirmed that their Incident Management team in Sri Lanka was 24x7. I then found out that Incident Management on the weekends was handled via On-call rotation, which actually made them only 24x5. I also found out that under Sri Lanka law, the personnel in Sri Lanka were given a day off after working an overnight shift (11pm - 7:30am IST), which my manager said he was completely unaware of and would look into.
However, I was almost immediately required to be included in the company's After-hours & Weekend On-Call rotation. I have also been working after-hours during the regular work week because Sri Lanka is not staffed between the hours of 5pm- 8:30pm EST due to the "3rd shift day off" they receive.
I brought my concerns to my manager & was told that my employment was "at will".
My question is if my employer can make being part of Weekend On-call & After-hours coverage?
A: Your employer can typically alter your job duties and responsibilities at any time, including requiring you to partake in the weekend on-call and after-hours coverage. You should speak with an employment attorney if you have any concerns that you are being properly compensated for the on-call time / after-hours coverage.
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.