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)

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

Answer This Question

Sign In to Answer this Question

Have an Employment Law question?