Can a company require you to change shifts?

Question

I work in a skilled nursing facility that has recently reported three positive Covid results amongst employees. On 5/5 I developed symptoms and was advised to discuss with the Director of Nursing. She advised me to get tested at a new community test site, even though we had tests available at work. Long story short, I was tested on 5/5, 5/7, and 5/12. I received negative results on 5/12 from my first swab on 5/5, but due to new DOH regulations, I was not allowed to return to work until I received two negative results plus a negative result for the mandated swab performed on 5/12. I finally received the results today, 5/14. My job called to tell me I can come back to work, but that my new schedule would be working from 11 pm to 7:30 am instead of my routine Monday-Friday, 8 am to 4:30 pm. It wasn’t even presented in a way that allowed for discussion. They basically told me that this was my new schedule effective immediately. Can employers do that? Thank you.

Neil Pedersen · Answer

The quick answer is yes, they can do that unless you can prove the motivation for the move was unlawful. 
 
In California you are considered to be employed at will unless you have an agreement to the contrary about that status with your employer.  As an at will employee your employer can change the terms and conditions of your employment, including your schedule, at any time and for any reason or even for no reason at all.  However, an employer cannot take an action against you based on your membership in a protected class of people or because you engaged in some form of legally protected conduct. 
 
Taking medical leave is considered legally protected conduct, but you will have to prove not only that this happened when you returned from leave, but that it happened because you took leave.  That is not necessarily going to be easy to prove if the employer can point to any other legitimate business reason for the change in your schedule. 
 
It would be wise for you locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options.  I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. 
   
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. 
   
Good luck to you.

Q: Can a company require you to change shifts?