I believe night shift can harm a person body. I did not choose to leave my job; I was forced. I work for a medical center as a Registered Nurse. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. My employer was able to and quite nice enough to change me to night shift starting next week. What they legally can do is enter into a 3 month consultation period explaining the changes they propose to make to your shift pattern. You would be eligible for unemployment benefits however. You can be fired simply because the manager doesn't like you. This includes mandating the rules and regulations regarding a shift change. The short answer is that there is nothing illegal with changing employee shifts if there is a legitimate reason behind it. I work nights and days. Can an employer force you to work off shift? I'm much better today and will go back to work on Monday. You can then either agree to it or not. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. The suggestion that an employer may force someone to work nights is certainly worrying. I was just told that I have to work Monday night which I normally work Monday through Friday. Matt May 19 '13 at 18:11 Now someone else ill probably get it (I have the least seniority at night time too). IMPORTANT NOTICE: The Answer(s) provided above are for general information only. See: ","acceptedAnswer":{"@type":"Answer","text":"Do you have an union agreement or employment contract that prohibits this? Do you have an union agreement or employment contract that prohibits this? Or possibly this situation is covered by an existing company policy? However, if the employer makes a significant change to your work schedule without your agreement, such as requiring you to regularly work evenings and weekends, this may trigger a constructive dismissal. I live in the UK, in 2 weeks, we have a stock take at my work place. Question Details: I was hired 4 years ago as night LNA and eventually was hired to work days. Unlike the I work the day shift full-time. They then told me if a day shift becomes available, I will not automatically get it. Furthermore, its clear from the question that this employee cannot work nights. Can my employer force me to work a double shift due to schedule changes, without notification My employer changed my set shift time without notifying me. Also, is this action theresult of some form of actionable discrimination or the like?.If so, you may have recourse under the law. * After all, on some occasions therell be no one at home to look after a child. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome I live in NYC I work as a waiter. When is Night shift allowance earned? All legal content, insurance rates, products, and services are presented without warranty and guarantee. For example, the company may be adding a shift and need that particular person's expertise on that shift. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. If you do complete a health assessment questionnaire and the answers cause concern, your employer should refer you to a doctor. And for their part, an employee can choose to work for an employer or not. I am being told that I have to go down to night shift because they are short staffed and I have the least seniority. Sometimes employers must ask employees to move to a new shift. The fact is that an employer has a great deal of discretion in setting the terms and conditions of employment. IMPORTANT NOTICE: The Answer(s) provided above are for general information only. If you will not work night shift, an employer can easily fire you and hire someone else who will be happy for any work they can get. If so, you have protection here. However, if not, then I'm afraid that there really isn't much that you can do. For last2 monthsI been working night shift and my boss did not even ask me. You likely dont have recourse. The fact is that an employer can set the terms and conditions of employment much as it sees fit (subject to the foregoing). Can an employer force employee to take leave of abscene without pay? The act clearly states that any work conducted between 18:00 and 06:00 is considered night work. He told me thatit was temporary but nowthat Irequested to put be put back on the schedule as day shift he is not giving me any answer. The fact is that an employer can set the terms and conditions of employment much as it sees fit (subject to the foregoing). Flexibility. However, if you don't agree to such a  change your employer can terminate you (and without notice). Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be They cannot force you to work that shift. While your treatment is seemingly unfair, it is legal. The Federal Fair Labor Standards Act states that in most cases, an employer is allowed to change the work schedule of anyone over 16 years of age without prior notice or consent. Section 17: Night work (1.) However, if not, then I'm afraid that there really isn't much that you can do. Your boss could, however, take money from your tips that evening to cover the cost of the glass. or an attorney's conclusion. Sometimes, the hours of work which are written into a contract of employment contain some flexibility which allows the employer to require additional hours, or a change to working hours when required. Employers and their employees must agree to any changes in the night period in writing. If you have worked for the same employer for at least 12 months, you must be given vacation time and pay even if you dont work full time. An employer who needs staff to work on Sundays must tell them in writing that they can opt out. information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you. Can the employer change my normal work schedule; Can I refused to work on a shift that I did not sign for? Does this move violate existing company policy? While your treatment is seemingly unfair, it is legal. Employers who take this approach upset staff and damage their companies reputations. I find this ethically wrong. Work environments are not static and employers can require employees to work outside of their regular working hours. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be How to Deal With an Employee Who Does Not Want to Change Shifts. However, if the contract states that your working pattern is 20 hours per week over 3 days, the employer is not permitted to change your shift pattern without your agreement. Here is what you need to know. or an attorney's conclusion. Does this move violate existing company policy? I have worked days for the last 3 years. ? Disclaimer: Now i'm only contracted to 20 hours a week, but i usually work 35+. Yes, your employer may force you to take a different shift, even if you do not have childcare available for that new shift--and even if one of your children has a medical condition. However, if none of the foregoing applies top yuor situation if not I'm afraid that you must either make the move or face possible termination.The fact is that an employer has a great deal of discretion in setting the terms and conditions of employment. If you choose not to and your employer makes your current shift redundant then you could find yourself out of a job. However, if you don't agree to such a change your employer can terminate you (and without notice). If you refuse to work overtime you can be terminated, or even if you do accept to work overtime, you can be terminated. The existence of a requirement to be flexible with working hours in the signed contract of employment means that you are permitted to require your staff to change their day shifts to night Quotes and offers are not binding, nor a guarantee of coverage. Is thischange the result of actionable discrimination? Unlike the I will have to bid on it with everyone else. Coming home after a night shift and devouring a big, fat doughnut and polishing off a can of coke or beer may seem appealing, but your guts need to work really hard to digest this while you sleep. Unless you have a contract that states 8 AM to 5 PM, then your hours are whatever you and your employer agree to. I am pharmacist and I was hired on last year for the day shift. In this section, night work means work performed after 18:00 and before 06:00 the next day. You have no guarantee of job stability or continued employment with your employer. A flat-out refusal to work the night shift probably will not work and may result in termination. If your co-worker believes the employer is making this change for some type of discriminatory motive e.g., her gender or race or if the change is due to some sort of retaliation against her by the employer, a consultation with a nurse attorney or attorney would be a good idea. Your employer may want to change your work hours by: cutting your hours so you earn less; increasing the hours you work; changing the hours that you work without changing the total number of hours, for example, moving from night shift to day shift; If the business you work for has recently changed hands. All legal content, insurance rates, products, and services are presented without warranty and guarantee. Free Advice is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice for free since 1995. Night shift work can only be performed by agreement between the employer and employee. A: Unless you have a contractual right to remain on the day shift, the law permits an employer to reassign employees to different work schedules as it deems necessary. At the end of what I thought was my shift I was notified that I would have to stay to work the new shift that began as the shift I just finished (but was apparently not assigned to). It does not matter if you only work a full shift or only 30 minutes during this period. If you disagree with this your are free to quit. Quotes and offers are not binding, nor a guarantee of coverage. Neither an employer nor an employee can change a contracts terms without the other party's consent. Or possibly this situation is covered by an existing company policy? Your employer should not reduce your hours and/or pay without following the correct procedure. As others have stated, if the job you applied and eventually got hired for stated you must work variable hours, shifts, weekends, holidays, and on call, you cannot convince your employer that you cannot Thus, if the employer trys to force you to do day shifts, you may be able to resign and claim constructive unfair dismissal if you've worked there for more than a year. Free Advice is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice for free since 1995. Due to being on the night shift I am having health issues. Exceptions apply if workers and employers agree a different period for 'night time'. ","acceptedAnswer":{"@type":"Answer","text":"The terms of an employment contract or union agreement would most probably cover such scheduling issues. However, ifnone of the foregoing applies top yuorsituationif not I'm afraid that you must either make the move or face possible termination. The terms ofan employment contract or union agreement would most probably cover such scheduling issues. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. Laws may vary from state to state, and sometimes change. I'm a Per Diem staff. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. This includes mandating the rules and regulations regarding a shift change. If you disagree with this your are free to quit. If the contract permits the employer to change the days on which you work, it is likely that you will be required to change your shifts. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. Can my employer force me to come back to work there? You can refuse a change of shift, but he can fire you for the refusal, and it will be a legal firing. Even so, any changed period must be at least seven (7) hours long and it must include midnight (24:00) to 5 am (05:00). Find the right lawyer for your legal issue. If so, you have protection here. Your best bet now is to speak withHR and see what, if anything, you can work out regarding your scheduled hours. This includes mandating the rules and regulations regarding a shift change. Our manager has put up a few signs around our workplace stating "if the warehouse is not tidy before the stock take, you will be made to work a night shift unpaid". Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. If a doctor tells you that you have health problems caused by night work, your employer must transfer you to daytime work - if this is possible. The fact is that an employer can set the terms and conditions of employment much as it sees fit (subject to the foregoing). One night we were required to stay until 11:30 p.m. After a 7:30 a.m. Start time. authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Copyright 1995-2021|FreeAdvice.com|15310 Amberly Dr, Suite 250, Tampa, FL 33647|Privacy Policy|Terms & Conditions|CCPA. Is thischange. Copyright 1995-2021|FreeAdvice.com|15310 Amberly Dr, Suite 250, Tampa, FL 33647|Privacy Policy|Terms & Conditions|CCPA. However, ifnone of the foregoing applies top yuorsituationif not I'm afraid that you must either make the move or face possible termination. Laws may vary from state to state, and sometimes change. Otherwise, you I am an exempt employee and work where many, many hours have now become the standard. Workers have a very limited right under the law to refuse work they consider to be hazardous to their health, Berkowitz says. If you disagree with this your are free to quit. In other words, as long as you are supplying the employee with the contracted amount of hours you can ask them to work whenever you need them to. (2.) {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Can my employer force me to work night shift? For example, if you dropped a glass at work, your boss cannot take money from your wages to buy a new one. Unless you have a legally binding and enforceable contract or CBA that expressly and in so many words guarantees you one particular shift, at least in the US your employer can make your continued employment contingent on your working the shift he wants you to work. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Does this move violate existing company policy? You'll also learn what you need to know about COVID-19-related workplace laws that your employer may be flouting, why it may impact you negatively and what you can do about it. However, if you don'tagree tosuch a changeyour employer can terminate you (and without notice). I am to flex between days and night. Disclaimer: This one is complicated, but generally, if your company says you have to return to the workplace, you have to go back if you want to keep the job. Is this change the result of actionable discrimination? Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome I was short on my bank $44. And for their part, an employee can choose to work for an employer or not.Your best bet now is to speak with HR and see what, if anything, you can work out regarding your scheduled hours. Digestion slows down while we snooze so we need to be kind in what we feed our bodies before we sleep to make the job of the digestive system easier. "}}]}, Asked on January 3, 2012 under Employment Labor Law, Florida. Can a employer deduct from your hourly wage every time you are late for work? Also, is this action the result of some form of actionable discrimination or the like?.If so, you may have recourse under the law. Also, your employer must pay you time and a half for each hour you work overtime unless you An employer may only require or permit an employee to perform night work, if so agreed, and if (a.) While your treatment is seemingly unfair, it is legal. authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. An employer does not need to schedule around your shift preferences. 4. Is there any legal step that I can take or can I contact HR? Do you have an union agreement or employment contract that prohibits this? And for their part, an employee can choose to work for an employer or not. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. If so, you have protection here. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. "}}]}, Asked on October 29, 2011 under Employment Labor Law, Massachusetts. {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Can an employer force an employee to go from a day shift position to a night position? Find the right lawyer for your legal issue. information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you. If you are asked to work over your shift time, can the employer ask or force you to take longer lunch periods or leave early later in the week to wipe out the overtime? 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