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  1. #1
    Join Date
    Apr 2017
    Location
    Greenville, SC
    Posts
    13

    Default Can You Be Required to Work a Shift That You Weren't Scheduled for

    My question involves labor and employment law for the state of: South Carolina.

    After seeing the schedule, a co-worker asked me at the beginning of the week if I could work her Easter shift for her. I told her that it would put me into overtime and that she would have to approve it with the manager. The manager asked me if I would be willing to trade one of my regular shifts in order to pick it up. I said no. At that point she told me that over-time would be okay.

    Then, on Tuesday I was told that overtime was not okay. So I told my co-worker that I could not work for her.

    When I checked the schedule as I left tonight I noticed that my next shift has been crossed out by my manager and I have been written in to work for my co-worker on Sunday. I did not agree to this. Nor did anyone even mention it to me. I make more money on Fridays than I do on Sundays. I am not willing to take a pay-cut in order to help out this particular co-worker. Do I have a case?

    I was written into the schedule mid-week after the schedule had already been posted for days. I am pretty sure this is an act of Favortism from this particular manager toward my co-worker. She wants the day off and my manager is dead-set on giving it to her, whether I like it or not. Mind you, no one would ever do anything like this for me.

    Do I have a case? At the very least can I refuse to work the shift for her without fear of termination?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can I Be Forced to Work a Shift That I Wasn't Scheduled for

    You can refuse to work the shift.

    They can legally fire you if you refuse to work the shift.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can I Be Forced to Work a Shift That I Wasn't Scheduled for

    In general an employer may schedule an employee to work whatever the schedule the employer wants. All that the law requires is that the employer pay the employee for the time worked, and pay overtime if the employee works more than 40 hours in a work week. There are some limited exceptions to this, but you have not provided any facts that suggest any of those would apply here.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can I Be Forced to Work a Shift That I Wasn't Scheduled for

    Do I have a case? No

    At the very least can I refuse to work the shift for her without fear of termination? No.

    Your hours are what your boss says they are. If this week the boss wants you to work Sunday, you work Sunday.

  5. #5
    Join Date
    Apr 2017
    Location
    Greenville, SC
    Posts
    13

    Default Re: Can I Be Forced to Work a Shift That I Wasn't Scheduled for

    Quote Quoting cbg
    View Post
    Do I have a case? No

    At the very least can I refuse to work the shift for her without fear of termination? No.

    Your hours are what your boss says they are. If this week the boss wants you to work Sunday, you work Sunday.
    I was more specifically referring to the lack of any notice of any kind by my employer for me to work the shift. I had to find out via text from a coworker telling me that the manager was giggling about changing it and not telling me with other co-workers. If they hadn't texted me about it, I would not have even known about the schedule change.

    Are employees not entitled to any notice of any kind of a schedule change mid-week at the whim of a manager? At least an hour's notice? What if they decide to write me in on my day off and I don't show up because nobody ever told me?

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can I Be Forced to Work a Shift That I Wasn't Scheduled for

    Quote Quoting J_Nic
    View Post
    Are employees not entitled to any notice of any kind of a schedule change mid-week at the whim of a manager?
    Absent a contract to the contrary, your employer can call you into work at any time.
    Quote Quoting J_Nic
    What if they decide to write me in on my day off and I don't show up because nobody ever told me?
    You can cross that bridge if and when you come to it.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can I Be Forced to Work a Shift That I Wasn't Scheduled for

    No. There is no law anywhere in the US that demands any particular notice before a change in shift.

  8. #8
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Can I Be Forced to Work a Shift That I Wasn't Scheduled for

    Quote Quoting cbg
    View Post
    No. There is no law anywhere in the US that demands any particular notice before a change in shift.
    Though California is trying.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can I Be Forced to Work a Shift That I Wasn't Scheduled for

    Yeah, well, California likes to be different.

  10. #10
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can I Be Forced to Work a Shift That I Wasn't Scheduled for

    Quote Quoting cbg
    View Post
    Yeah, well, California likes to be different.
    And not always in a good way.

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