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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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I was approached at work to work every sunday, if I didn't

Customer Question

I was approached at work to work every sunday, if I didn't agree to this I was told I wouldn't get hours to work at all.........well this week I have no hours and next week only 12....is this blackmail.....i work at walmart
Submitted: 7 months ago.
Category: Employment Law
Expert:  Loren replied 7 months ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
Customer: replied 7 months ago.
hello
Expert:  Loren replied 7 months ago.
Do you have a written employment agreement setting a described work schedule or prohibiting Sunday hours?Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?
Customer: replied 7 months ago.
every other weekend........if I work Sat. I have Sun. off.....and if I work Sun. I have Sat. off...this has been in effect for over a year.........
Customer: replied 7 months ago.
availability work sheet that was signed by management
Expert:  Loren replied 7 months ago.
Please provide the additional information I requested so that I may answer your question:Do you have a written employment agreement setting a described work schedule or prohibiting Sunday hours?Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?
Customer: replied 7 months ago.
I'm disabled, and there is a work availability sheet signed by management saying and they agreed to by signing it that if I work on a Saturday I have Sunday off, and if I work on a Sunday I have Saturday off...been that way for over a year....and the new one that I filled out still has the same thing, but they wanted me to work every Sunday...not to have it off at all....but they did sign this one too...with my Saturday or Sunday off............Sundays are hard on me and that is why I did it that way, can't work every one.......If I worked Saturday and sunday I wouldn't be able to do my job cause of my hands...I have permanet nerve damage in my hands. They hired me knowing this too........I worked Sat. and Sun. for over 3 years and told them it was too much for me that is why I switched my papers over a year ago to work Sat and off Sun...and vice versa.
Expert:  Loren replied 7 months ago.
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Expert:  Loren replied 7 months ago.
Unfortunately, without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment. If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.
Customer: replied 7 months ago.
so i'm screwed and don't have any time with my family and miss out on my new grand daughter ? cause they work Saturdays and have off sundays.........I already gave walmart 3 and a half years of missing my grandson grow up..so all these papers I signed and they signed don't mean a thing
Expert:  Loren replied 7 months ago.
Work availability is not the same as a written employment agreement and, as an at-will employee, they can schedule you whenever they want. It is not that you have no options, it just means you have no legal right to make a claim over it. You can and should speak to HR and try to resolve it internally.Finally, you can look for another job with hours more in line with your schedule or availability.
Expert:  Loren replied 7 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Expert:  Loren replied 7 months ago.
Did you have further questions? Have I answered your question?