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AttorneyTom
AttorneyTom, Lawyer
Category: Employment Law
Satisfied Customers: 9176
Experience:  Attorney
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I have a work related dispute currently going on in NJ. I

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I have a work related dispute currently going on in NJ. I work in IT, and we are tasked with staffing from 7am to 9pm. I have been working the 7am to 3pm shift for 6.5 years. Another pseson has been working the late shift (1pm to 9pm) shift, and has asked to be changed from it. I have more seniority, am an overall much better employee. Our company has asked us to rotate the shift every month. This is a major disruption to my life, but beyond that, the person who can no longer work the late shift is related to the HR director. I have issues to discuss but I feel there is no one to go to. Do I have cause to resign and lay a claim stating the working conditions were untennable?
Submitted: 5 years ago.
Category: Employment Law
Expert:  AttorneyTom replied 5 years ago.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.
I'm sorry to hear about the situation. Unfortunately, a schedule change isn't usually enough to quit a job and collect unemployment. Circumstances have to be pretty serious for an employee to be able to quit a job and remain eligible for unemployment. The vast majority of employees who quit voluntarily, including employees who quit due to a schedule change, which be ineligible for benefits. Seniority, favoritism, or nepotism doesn't change that, though they're all three immoral and unprofessional behaviors by an employer. However, an exceptions can apply in special circumstances, such as when the employer is engaging in discrimination based on age, race, gender, disability, etc. My job here is to provide accurate information about the law. Providing bad news is the hardest part of doing my job but it's a big part of doing the job well. If you feel that the law is wrong on this issue, I'd strongly encourage you to contact your legislators, as they are the only ones who can change it.
Customer: replied 5 years ago.
would i have any legal remedies vs the company at all?
Expert:  AttorneyTom replied 5 years ago.
Thank you for your message.
Not likely. If you don't have a contract that specifies the terms and conditions of employment, along with duration of employment, you'd be considered an at-will employee. That means that the employer can change the conditions of employment at any time for nearly any reason Unfortunately, the law doesn't make favoritism or even nepotism unlawful. While they're unprofessional, it's up to employers to allow or prevent those, as the employer sees fit. However, if you could show that the employer breached a contract or that the employer engaged in discrimination based on race, gender, disability, etc., that could provide a basis for a discrimination claim.
I know that the law is not right or fair on these issues, but that's the status of the law. Please do remember that my job here is to provide accurate information about the law. Providing bad news is the hardest part of doing my job but it's a big part of doing the job well. However, you may wish to contact your legislators to let them know how you feel about the law, as they have the power to change it.
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