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Employment Law

I was hired by rite aid and have worked a set schedule. My

Customer Question
availability is 8:00 am to...
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: 1 year ago.Category: Employment Law
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Answered in 4 minutes by:
8/22/2016
Employment Lawyer: RobertJDFL, Lawyer replied 1 year ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 14,214
Experience: Experienced in multiple areas of the law.
Verified

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.

Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating.

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about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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Customer reply replied 1 year ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Employment Lawyer: hrpro37, Sr. Director, Human Resources replied 1 year ago
hrpro37
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
Verified

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

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hrpro37
hrpro37
hrpro37, Sr. Director, Human Resources
Category: Employment Law
Satisfied Customers: 119
119 Satisfied Customers
Experience: 10+ years of experience in human resources roles with a specialization in employment law

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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