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Can my employer force me to change my straight day work

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schedule to a 12 hour...
Can my employer force me to change my straight day work schedule to a 12 hour rotating or 8 hour rotating continental shift?
Submitted: 1 year ago.Category: Employment Law
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Answered in 1 minute by:
3/22/2016
Employment Lawyer: retireddebra,
 replied 1 year ago
retireddebra
Category: Employment Law
Satisfied Customers: 102,624
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Are you in a union?How long have you worked there for?
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Customer reply replied 1 year ago
16 years, no union
Employment Lawyer: retireddebra,
 replied 1 year ago
There is no way to continue to work for your lawyer and force your employer to continue the arrangement you've always had with the employer.But, the situation does sound like it is a clear 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. So, because you have worked for this employer for so long the damages will undoubtedly be substantial if the court finds that you were constructively dismissed.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.Your next step should be to consult with an employment lawyer face-to-face.Does that assist you and help as a starting point?
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Category: Employment Law
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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