El Monte, CA asked in Employment Discrimination and Employment Law for California

Q: Is it legal for employee to switch my work shift to a different one even though I refused?

Ive been working in this nursing facility since Oct 2021. I was hired for 7-3 shift . They wanted to switch me shift to 11-7pm. I didn’t agree and they’re taking me off the schedule and said if I don’t show up 11-7 i will get a write up. Is that legal? I didn’t sign anything or agreed to switch shift

3 Lawyer Answers

A: Yes, that is legal. In California you are considered to be employed at will unless there is an agreement to the contrary about that status with your employer. The employer of an at will employee has the right to change the terms and conditions of your employment, including the shift you are to work, at any time and for any reason or even no reason at all. If you refuse to show up for a shift you are scheduled for, you can be immediately terminated. No agreement is required.

Good luck to you.

Maya L. Serkova and Brad S Kane agree with this answer

A: Your employer has the right to change the terms and conditions of your employment on a going forward basis for any reason or no reason, but not a prohibited reasons such as hostility toward your race, religion, gender, gender expression, sexual orientation, military service, pregnancy, disability or opposing illegal conduct.

Without substantial evidence supporting a prohibited reason, your employer can terminate your employment for failure to appear for a scheduled shift.

A: Sorry to hear you are having your employment "rug" pulled out from under you. I assume that you meant your "employer" was doing this to you. Unless you have a written agreement specifying the shift you would work, or you have either medical or religious reasons that would prevent you from working that new shift, your employer is able to move you to a different shift. In California you are considered (without an agreement to the contrary) as an "at will" employee. Essentially, the employer is considered (under the law) to have fired you from one line of duty and rehired you at a new line of duty. You accept the new terms of employment by showing up and working. If you think you are being subjected to unlawful discrimination on the basis of your race, gender, age, religion, physical disability, or any other qualification recognized under the Fair Employment and Housing Act, you should contact an attorney to assist you.

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