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I work in the hospitality industry at a pub. Once a schedule…

Customer Question
Hello. I work in...

Hello. I work in the hospitality industry at a pub. Once a schedule is posted and a shift change has been approved by a manager. Can they change the schedule again and put you back on because they are short staffed?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Sechelt, British Columbia

Lawyer's Assistant: Has anything been filed or reported?

They use an app called Schedulefly which every shift change has to be approved by a manager, which is documented. Once my shift was covered I made an appointment and now they are saying because they are short staffed they need me to work and I need a doctors appointment if Someone else can’t cover it again.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No just wanting to know if they can legally change the schedule again once it’s posted without permission and threaten to fire me if I don’t get t covered

Submitted: 4 months ago.Category: Canada Law
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Answered in 19 minutes by:
1/5/2018
Lawyer: Debra, Lawyer replied 4 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,488
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 4 months ago

I am sorry to hear this.

Is there anything in your contract or verbal agreement that talks about scheduling?

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Customer reply replied 4 months ago
It says “schedules are prepared to meet the work demand of the pub. As the work demands change, management reserves the right to adjust working hours and shifts. Schedules are posted weekly. Each employee is responsible for working these shifts. We understand that you have a life outside of the pub and will always try to find a way to work with you on your schedule requests. We do, however, ask you to remember just how critical each position is to the proper functioning of the pub. Please remember that even though we will try and comply with your requests, there is no assurance that you will get the requested time off. Shift trades must be approved by a manager and must be requested through schedulefly. We decide who works and when. We make a conscious effort to post a schedule that is compatible with the needs of all the staff and the requirements of the business.”
Lawyer: Debra, Lawyer replied 4 months ago

Those provisions make sense and in any event you agreed to them. If you don't want to be treated this way by your employer then really your only legal option is to leave.

At the same time if you feel that they are doing this to you a lot it could be considered to be a case of constructive dismissal.

The situation does sound like this may be a case of constructive dismissal.

When an employer does something that fundamentally changes the nature of the employment so that it drives the employee to quit, this may be a case of constructive dismissal. This is usually the case when the employer reduces wages, cuts hours etc. It is also the case where the employer's conduct makes it intolerable for the employee to continue working.

If an employee does quit under these circumstances then the law is that constructive dismissal is wrongful dismissal and the employer will be liable for damages.

If you are considering this option it is crucial that you first consult with an employment lawyer so that you can get a legal opinion from an expert both about whether the facts amount to constructive dismissal and, as well, about what damages you may be entitled to.

Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Lawyer: Debra, Lawyer replied 4 months ago

Is there anything more I can help you with at this point in time?

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