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vpereda
07-17-2006, 10:20 AM
I currently work from 7am-4pm. I had inquired about working a different shift 4pm-12am thinking I would receive a pay differential, finding out later I won’t. I accepted the shift verbally. I now want to stay with my current shift and now my mgr says “to bad”. I have not started the new schedule yet. I am a supervisor and I get paid salary exempt. I never signed anything. Is there anything I can do to keep my shift??

cbg
07-17-2006, 10:34 AM
Not unless you have a binding contract guaranteeing that under the circumstance you have described, you get to keep the shift you want. The law does not require that your employer has to allow you to rescind your request; nor is a shift differential required, particularly of exempt employees.

rjc
07-17-2006, 10:41 AM
Nothing that I can see. In fact, unless you are subject to a CBA or have an employment contract, then your employer could legally change your shift without notice or your approval. Moreover, in this case, you received exactly what you requested, so it would be rather difficult to prove you were discriminated against and/or it was retaliatory.

Pattymd
07-17-2006, 10:55 AM
This is not an issue addressed by law. If the employer refuses to return you to your previous shift, he may do so. Nothing in the law requires him to accede to your request.

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