Legal Question in Employment Law in Indiana

after 3 plus years now I have to work Sundays

I have been employed for 3 years and I have never worked on Sundays. I was called by this company to come in for an interview befor I had ever applied. I spoke with the store manager/ HR lady / and the sales manager. The first words out of my mouth were ''I dont work Sundays, if this is a problem then we can stop the interview. They all agreed that it was an option at this time and wanted to continue with the int. During the next 2-3 interviews I continued to stress that I dont work Sundays, I explained that Sundays are more important to me than money. When I finally filled out an application on-line when it asked for available work times I obviously put that I am not available to work Sundays. As of Thursday August 2nd the current HR lady said that I have a few options 1: work the corp. shed. 2: work every Saturday in order to have my Sundays off or 3: work only the Sundays that my co-worker doesnt. On the day I accepted the job offer I asked again about Sundays and what would happen if this manage would leave, he assured me that as long as I never change my availability that my employer could not change my sched. I like what I do and have been successful, please advise if there is anything I can or should do. thanks


Asked on 8/02/07, 7:55 pm

1 Answer from Attorneys

Voyle A. Glover Attorney at Law

Re: after 3 plus years now I have to work Sundays

Your employer controls the work force. You are in an "at will" employment state and regardless of the initial conversations, they do have the right to adjust your work schedule. Being unfair is not necessarily against the law.

One might argue it was a kind of religious discrimination, but based on what you've said, I don't think that would fly.

If it was me, I'd start working Saturdays and begin my look for another job.

You might consider talking with someone above the HR lady. But realize that could have negative consequences. Your options are not so much legal as they are "political."

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Answered on 8/03/07, 12:38 pm


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