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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20079
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was red back in Dec. 2015 as an account manager. In my

Customer Question

I was hired back in Dec. 2015 as an account manager. In my first interview The position was described as a 9am to 6pm job dealing with staffing, training, inventory control and the biggest part would be building relationships with the clients. At the second and final interview the person hiring me let me know that the client expected a manger there at night. I told him that that wasn�t what I applied for and was not interested at all in a night position. We discussed it and came to an agreement that I would work evening for no more than three months to help get the account up and running. ( this is a new account for this company) In the first three months I was working from 4pm until 2am (sometimes more than that) At the three month mark I had held up my end of the agreement and the account was running well and I had hired and trained three night supervisors to oversee the night staff. I then went on the schedule that was agreed upon which was 9am to 6pm Monday � Friday. I had been working this schedule for more than two months when they let me know that the position had changed and I was to be a night manager. I would have never taken this job knowing it was a night job. They have very much misrepresented this to me and I would like to know what rights I have in this situation.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 10 months ago.

Hello,

Thank you for the information and your question. Unfortunately, unless you have a term contract that locks in your hours, duties, pay, etc. for a specific time, or you are part of a bargaining agreement that guarantees the rights you are asserting, there is nothing in the law that would support your position. In other words, as an "at will" employee, your employer is always free to set, and change, the terms and conditions of your continued employment as they deem necessary. A fairly one-sided arrangement, but that is the state of non-contractual employment in Colorado and most other states.

So, unless you are being treated less favorably than other employees simply because of your gender, race, national origin, age (over 40), disability, religion, pregnancy or military service, you would have no legal options in this case other than to leave employment or accept their terms if you cannot negotiate anything closer to what you are wanting.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 10 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 6th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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