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  1. #1
    Join Date
    Dec 2005

    Default Forced to work overnights

    My husband just was forced into quitting his job at a retail store because and we wonder if he has some kind of case against them.
    He was a manager there and last Christmas the corporate office decided that they were not allowed to stock during the day any more, so all stocking took place at night. It was presented as a temporary thing so he verbally agreed to it. When days turned into weeks, into months, he tried time and again to get off the shift. They'd throw him a bone for a week or two (two day shifts one week, one the next) then would "forget" and schedule him all nights again. Meanwhile, the female who shared his job was immediately moved off the shift when she complained and then promoted, actually, make that two females.
    After months of trying to make his GM see, he wrote an email to the next guy up, regional manager, saying that he'd take a transfer rather than do this any more (all the nights that kept us apart were having a toll on our relationship.) The reply was stay there or quit, so he felt forced to quit. It just got too hard.
    Does he have any recrimination at all? A discrimination case? A case for being lied to? He was all but promised a promotion earlier this year but was passed over for a guy from the outside. We know the company has new stores opening in this area and countrywide and there are positions to transfer to. Any help would be appreciated.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Quitting Over Night Shift Assignment

    I'm not sure that there is a case stated within the facts you have outlined; but there may be additional factors or evidence that you have not disclosed or do not know. So your husband should probably discuss his case with a plaintiff-side employment lawyer to see if they can find a plausible cause of action.

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