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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12804
Experience:  Significant experience in all areas of employment law.
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I'm working as part time. There's an opening for a full time

Customer Question

I'm working as part time. There's an opening for a full time and I told my manager that I am interested in the position. I told her that I want to keep the same weekend off. My manager said that she talked to HR and they can't accommodate my request. There are lots of my co workers who are changing their schedules and it's ok with management. What should I do?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 10 months ago.

This is understandably quite frustrating. However, what you must understand is that employers have no legal obligation to be fair or to treat all employees the same. Unfair or unequal treatment is only against the law if it is occurred BECAUSE of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.).

If you believe that your employer is motivated by a legally protected trait or activity, as defined above, then it would be prudent to inform your employer of that in writing and take legal action if they still fail to correct. Otherwise, though, I'm afraid your only recourse is to attempt to reason with your employer, or to seek alternative employment somewhere else with a schedule that works better for you.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....