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  1. #1
    Join Date
    Oct 2008
    Posts
    1

    Default Forced Scheduling

    My question involves labor and employment law for the state of: Oklahoma

    I'm not too sure if this goes here but it's the only place I could find. I work in Retail and....

    At my work they have been known to force people to change their availability. I was wondering if this an unlawful thing to do? The policy of my company I work for falls in the line of something like, we will not change your availability without written consent (signature). So what they did was when a certain major event happens such as inventory they called people in to the main office and they had a piece of paper with their availability on it and a write up sheet also with there name written on it. The company changes their avalibility to open availability so they can make them work whenever needed. If they refuse they end up getting written up and some fired. I don't want that to happen to me.

    Are there any laws against forcing someone to change there availability for work if you hired them on the availability that the employee set? I going to find the policy on that and share it with you because it is not fair.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Forced Scheduling?

    No, it is not illegal for your employer to change your availability & to write you up or terminate you if you don't comply. The co. can change its policy. (unless you have a binding employment contract or CBA to the contrary)

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Forced Scheduling?

    I have to generally agree with Betty here.

    In the strict sense of the law an employment relationship is a "contract", even "at will" employment, it is just not a contract for a definite period of time.

    Although a contract/agreement was entered into as to terms of available hours, the question becomes, can it be altered, at least under your descriptive facts??

    You are of course free to consult a contract attorney, but I see no remedy, I am not an attorney though.

    IF such agreement is breached by the employer and you can NOT work the hours they demand, they of course will let you go. This may qualify you for unemployment benefits.

    IF you can work them, even if a hardship, do so, and then try to look for other work.

    Best wishes.

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

    Default Re: Forced Scheduling

    Employers ask about availability as a courtesy, not as a matter of law, and they are not legally bound to abide what you give them as a matter of employment law.

    As a matter of contract law, if there is a *written* policy that they have heretofore always adhered to in requiring your written consent before changing your schedule, it is *possible* that it might be contractual. But only an Oklahoma attorney who has read the exact wording of the policy could say for certain.

    I have to agree with the other two posters that it is likely that this is not a contract and that your options are to either work the revised schedule or find other employment.

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