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Can my employer take my hours and give them to another employee? California

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  • Can my employer take my hours and give them to another employee? California

    Ok, so like the post says, my employer has changed my schedule that has been posted for 2wks taking me off on wednesday without me agreeing and giving the dasy to one of my coworkers.. The "reason" was that the other coworker had a day less last week, but this was due to her requesting one of her days off for a birthday party.. My question is, once the schedule had been made and posted (and we have set days we each work) can my day be taken away without telling me 4 days before said shift?

  • #2
    Short answer, yes.

    Long answer, unless you have a bona fide employment contract guaranteeing you XX hours per week OR your hours are being decreased for an illegal discriminatory reason, such as your gender, religion, ethnic origin, etc., your hours can be decreased at any time with no notice and without your "approval".
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Ok thank you for the response.. I actually do think it is because of a form off discrimination and have a pending complaint with the EEOC and DFHA but was curious just in general as well, as it doesnt seem fsir.

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      • #4
        It may not seem fair but it is not illegal unless one of the situations in Patty's
        post applies. It seems one "might" from your last post.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Not all or even most of what the average Joe and Josie considers discrimination, is illegal. On what basis are you claiming discrimination (race, gender, age....)?
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Since you have a pending complaint with the EEOC & Ca DFEH, they will determine
            whether it was illegal discrimination. All discrimination is not illegal.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              Originally posted by cbg View Post
              Not all or even most of what the average Joe and Josie considers discrimination, is illegal. On what basis are you claiming discrimination (race, gender, age....)?
              http://www.LaborLawTalk.com/showthread.php?t=278147

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              • #8
                Ah, okay. I remember that thread; just didn't connect the name.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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