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ssmf1980
07-26-2008, 07:31 PM
I just started a new job, when I started I was told that we would be working 8 hour shifts.... We had a meeting today and was informed that only certain employees will be going to 12 hrs... Basically, we were forced to sign consent to work 12 hrs if we had swing shift, M-F shifts would not be affected. The employer stated that they do not care about our children, those who has seniority, the schedule is what it is.... My question is, can you change a schedule to affect only certain employees and not all?

Pattymd
07-27-2008, 04:38 AM
Unless you have a bona fide employment contract (or are working under a union contract) which would prohibit changing of schedules, it's perfectly legal. Seniority only has a legal basis if a union contract states so. The employee's child care issues do not need to be taken into consideration.

ssmf1980
07-27-2008, 02:40 PM
So you are saying that it is legal and ethical to change only certain peoples work schedule to longer hours and not others.

Texas709
07-27-2008, 04:29 PM
So you are saying that it is legal and ethical to change only certain peoples work schedule to longer hours and not others.

Legal, yes. Ethical, who can say? The forum is Labor LAW Talk, not Labor Ethics Talk.

There are countless valid reasons for an employer to change shifts, and to make the changes apply to whomever. While the employer probably does care about your kids, they are not responsible for them. Seniority may be a big deal in union shops, but you aren't in one, in Texas. Personnel decisions are likely made on the basis of performance, not time with the company.

Betty3
07-27-2008, 05:57 PM
So you are saying that it is legal and ethical to change only certain peoples work schedule to longer hours and not others.

Yes, as long as you are not being discriminated against due to a protected "class" (ie age, gender, religion) it is not illegal discrimination to change some employees schedules to longer hrs. but not others. Ethical doesn't matter in this case.

(Or unless you have, as Patty noted, a bona fide employment contract or CBA that would prohibit this changing of schedules.)

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