Can I refused to work on a shift that I did not sign for? I'm a Per Diem staff.

The shift where I usuallly work is hard to fill with staff. Our scheduler placed me on a schedule (because they can't get anyone to work) without asking my consent first. She informed me that I'm scheduled to work this shift even though I said I'm not available. I have other commitments aside from this work but they're mandating me to take the shift whether I agree to it or not. Per diems are supposed to choose their own work but can the employer do otherwise?

1 answer  |  asked Dec 16, 2017 4:50 PM [EST]  |  applies to New York

Answers (1)

Jonas Urba
Are you an "at will" employee. Most employees are.

1) You may not if your union agreement requires you to work.

2) You may not if you are a civil servant and a local, state, or federal rule or regulation over civil servants requires you to work.

3) You may not if your written employment agreement (sometimes there are restrictive covenants and non-compete provisions in them) requires you to work.

Otherwise you can do whatever you wish to do as can your employer. Employees at will can leave or be fired for a good, a bad, or no reason at all. If you refuse, lose your job because you abandoned or quit it, you may not receive unemployment.

posted by Jonas Urba  |  Dec 16, 2017 5:38 PM [EST]

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