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Is it legal for a manager to demand and say its

Customer Question
Is it legal for...

Is it legal for a manager to demand and say its nonnegotiable that you are required to work outside your availability? For example my availability is Monday through Friday mornings only. That is what I was hired for, but due to recent activities (such as morning staff not doing dishes and leaving it for night staff), she is demanding we work a night shift. I do not have child care to work a night shift. What are my rights?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

No she wants to have a conversation with me today. I just want to know if that is legal or against mn labor laws

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Not sure “at will” means but no to the union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

Submitted: 1 month ago.Category: Employment Law
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Answered in 1 minute by:
3/23/2018
Employment Lawyer: LegalKnowledge, Attorney replied 1 month ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Employment Law
Satisfied Customers: 30,989
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Employment Lawyer: LegalKnowledge, Attorney replied 1 month ago

Good morning. Do you have a contract or anything in writing, regarding the hours which you were told you would have to work? Also, what State is this in?

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Customer reply replied 1 month ago
I was hired for Monday through Friday specifically. I’m in Minnesota
Customer reply replied 1 month ago
My manager is aware of me not having child care so I was hired for morning shifts only
Employment Lawyer: LegalKnowledge, Attorney replied 1 month ago

Thank you for the reply. Minnesota is an employment "at will" state. An employee can quit for any reason; an employer can fire any employee for any reason as long as that reason is not illegal, such as discrimination based on race, creed, color, sex, national origin, ancestry, religion, age, disability, sexual orientation or marital status. As such, if the employer needs you to work hours outside of what was originally discussed and you are unable to and they need to hire someone who can, they can terminate your employment. I do understand you have a child and nobody to watch the child at night but if they need extra help and do not want to hire someone and want current employees to do it and you can not, they can terminate you, I am sorry to say. If you had a contract or something in writing which stated that you would ONLY be required to work mornings and that was a condition of your employment, it would be different.

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Customer reply replied 1 month ago
What are the sleep laws for Minnesota
Employment Lawyer: LegalKnowledge, Attorney replied 1 month ago
What do you mean by that?
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Customer reply replied 1 month ago
Close opens. I start at 6am every Monday through Friday. They are requiring me switch it out for a night shift: I would not get out of work until 1030pm and start work at 6am the next day. Also, to clarify they are demanding me to work a night shift as punishment not because they need extra help
Employment Lawyer: LegalKnowledge, Attorney replied 1 month ago

Sleeping time

Minnesota law requires employers to count time spent by employees sleeping or engaging in other personal activities when they are to be on duty less than 24 hours and the employees are permitted to engage in such activities when not busy. MN Admin. Rule 5200.0121(1).

If an employee is required to be on duty at the employer’s workplace for 24 hours or longer, the employer and employee may agree prior to the employee performing any work that the employee will not be compensated for bona fide sleeping periods that are regularly scheduled and do not last more than eight (8) hours. For the agreement to be valid, the employer must provide adequate sleeping quarters and the employee must usually be able to enjoy an uninterrupted sleep period. If the sleep period is interrupted so the employee may perform work, the work time must be compensated. If the interruptions occur too frequently or last too long so that the employee cannot get a minimum of five (5) hours of sleep, the entire sleep period must be paid. If the employer and employee do not have either an express or implied agreement, any sleeping time must be counted as hours worked.MN Admin. Rule 5200.0121(2).

When an employee resides on the employer’s premises, the employer and employee may reach an agreement, based on all pertinent fact, as to which hours wills be compensated and which will not be. MN Admin. Rule 5200.0121(3).

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Employment Lawyer: LegalKnowledge, Attorney replied 1 month ago

This happens a lot in the restaurant industry as well, where a server will have to work late and close and then be there in the morning to open. However, if they are punishing you and retaliating, there could be a basis to sue if you are fired and that is the reason.

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Customer reply replied 1 month ago
In these photos you can see it’s a form of punishment
Employment Lawyer: LegalKnowledge, Attorney replied 1 month ago

The truth of the matter is that if you refuse to work and are fired, you would then need to contact a local employment law attorney and have them look into the specifics of this an determine if you have a legal basis to sue. You can speak with the manager and explain the situation with your child and see if they would be reasonable and understand but if they ask that you work and you can not and refuse and they take action, you would need to try and sue at that time.

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Employment Lawyer: LegalKnowledge, Attorney replied 1 month ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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