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hrpro37, Sr. Director, Human Resources
Category: Employment Law
Satisfied Customers: 119
Experience:  10+ years of experience in human resources roles with a specialization in employment law
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I was hired by rite aid and have worked a set schedule. My

Customer Question

I was hired by rite aid and have worked a set schedule. My availability is 8:00 am to 4:30 pm. I have worked this schedule for many years. New manager says I must be available to night hours or I will be terminated. Is this legal,
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Pennsylvania
JA: Have you talked to a lawyer yet?
Customer: No, I was hired to work this shift
JA: Anything else you think the lawyer should know?
Customer: Two new girls were recently hired to work for all available hours, now they want to work daylight shift and pharmacy manager is giving my hour to them. I have worked for this company for 20 years
Submitted: 11 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 11 months ago.

Thank you for using Just Answer. I look forward to helping you.

Unfortunately, what the manager is doing is legal. Pennsylvania, like most every state, is an "at will" employer. In the absence of an employment contract or union agreement, that may give you more rights, an employee can be terminated at any time, for any reason, so long as it is not done for an unlawful reason -your race, religion, sex, age over 40, disability or national origin. Sometimes state laws can add other protected classes, but these are the main ones for discussion purposes.

An employee serves at the will of the employer, and there is no law, state or federal, that says they cannot change your schedule or demand you suddenly work different hours, even if you've had the same schedule for a long time, or they give your hours to someone else. Generally this would be a matter of contract. Now, if the employer's actions are guided by discrimination -e.g., they're changing your schedule because of your race --then you may very well have a legal complaint.

But based on these facts, alone, regrettably, the employer could terminate you in this situation. I'm sorry I can't tell you otherwise.

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Customer: replied 11 months ago.
Customer: replied 11 months ago.
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Expert:  hrpro37 replied 11 months ago.

Hello, I would be happy to assist you with a live phone call. I will send the service authorization over right now.