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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 30384
Experience:  Former judicial law clerk, lawyer
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Maybe, i recently asked my employer for shift change and

Customer Question

maybe, i recently asked my employer for shift change and they flat out told me he will not take my request and if i do not stay on the shift i am on i wont be scheduled any hrs at all can they do that?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: ny. i work at a mcdonalds. i was told they have no room for me on any other shift , but they have hired people for other shifts since i requested a change
JA: Is the employment agreement "at will," union, full time or part time?
Customer: its part time. i wanted full time but they claim they dont have full time. i have been an employee with this store for 7 years
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 9 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The default position in the law is that employment is at will, which unfortunately means that an employer can reduce or change an employee's schedule at any time - or refuse to change it, or refuse to schedule them. There is no right to a shift change, and an employee who suddenly becomes unable to work the shift they were hired for can be let go. The only way there would be a cause of action here is if you had a written contract that gave you priority in choosing hours, or if there is some evidence that the supervisor is treating you this way because of your race, gender, religion, ethnicity, sexual orientation, or age (over 40). If you believe one of those might apply, please let me know.

The fact that they've filled those shifts with other employees since the request was made doesn't legally make a difference unless you can prove illegal discrimination.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Please rate my answer positively to ensure I am paid for the time I spent answering your question. If you are on a mobile device, you may need to scroll to the right. Thank you.

Good luck.

Expert:  Lucy, Esq. replied 9 months ago.

Do you have any questions about my answer?