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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I have worked the morning shift for four years, now my supervisor

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I have worked the morning shift for four years, now my supervisor has taken that shift away form me and put me on the pm shift without asking me if I can work that shift or not. I would like to know if my supervisor can do that or not. since I have worked that shift for four years.
Hello and welcome,

Is there an employer policy or an employment contract indicating the employer must provide notice before changing an employee's shift?

Customer: replied 4 years ago.

I was never given an employee handbook when I was hired

I see. Thank you for the additional information, Phelix.

I would request a policy manual and review it. Unless there is a policy requiring notice or you have an employment contract, an employer can normally change the terms of your employment at any time since you would be considered an employee at-will.

This typically permits an employer to modify the terms of employment at will or in other words, at any time, and either the employer or employee may terminate the relationship altogether at any time without notice or good cause.

The employer's policies can modify the at-will relationship though, so it is important to request an employee handbook or policy manual to determine for certain whether there was a legal obligation to notify you in advance.

If the employer violated its own policies, you could pursue a claim against them for breach of implied contract if you suffer damages as a result of their violation.

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

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Thank you very much and all the best to you,

Tina

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Customer: replied 4 years ago.

i have requested a employee handbook for a year and never recived it,was told the assist supervisor had the book. talked to assist supervisor, was told she did not have one.

I see.

Employers are not required to have written policies, so this employer may not have one.

They are required by law to provide you with the opportunity to review and copy your personnel file if you request it in writing, but they are not required to provide written policies.

Reviewing your personnel file could provide some insight as to why the employer changed your shift.

Without a policy or contract stating otherwise, there would normally not be any legal recourse against the employer for making the change.

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

Kindly remember to rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/


Hello again Phelix,

 

 

I wanted to thank you for using Justanswer and be sure to keep me in mind if you have future legal questions I can assist you with.

 

Here is the link to request me: http://www.justanswer.com/law/expert-tina/

 

Thank you very much and take care.

 

Tina

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