Legal Question in Employment Law in California

Upon being hired, the shift was set for the morning for the employed department but the company decides to make a shift change to night time against what the employee originally applied for. If the new night schedule is in conflict with the employee's other schedules made prior to the shift change and the employer is unable to accommodate the employee with the conflicting night schedule, can the company mark the employee as a voluntary quit if the employee is not present on the day of the requested night time work schedule but they return to work the following day and work the rest of the week under the new night schedule?


Asked on 2/01/13, 10:14 am

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Generally, unless limited by the terms of an employment contract, employers have the legal right to assign its employees to any hours it deems in its best interest. It is not obligated to attempt to reasonably accommodate an employee's outside commitments, except in very limited situations which may be required by law, such as observing the sabbath, qualified disabilities, etc. If the employee is unable to work at a time the employer requests, the employer has the right to end the employment relationship. Whether it is a termination or a voluntary quit may be arguable but the result is the same.

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Answered on 2/01/13, 10:26 am
Charles Perry Law Offices of Charles R. Perry

If I understand correctly, you missed the first night of work but worked the assigned schedule the rest of the week.

Under that scenario, there is no voluntary quit.

I agree with Mr. Kirschbaum, however, that your employer has the right to change your schedule, except in the types of limited situations he describes.

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Answered on 2/01/13, 10:54 am
Terry A. Nelson Nelson & Lawless

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc., just not retroactively. You can refuse change, they can declare your refusal to be a voluntary quit, which will deprive you of unemployment benefits, or they can terminate you as 'at will'. Not only are there no laws against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice. Your missed shift should not be grounds for 'voluntary quit' if they allowed you to work the following shift. What that means is that you shouldn't be denied unemployment benefits. If you are, you can appeal.

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Answered on 2/01/13, 12:27 pm


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