Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 3 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
3/23/2018
Employment Lawyer: LegalKnowledge, Attorney replied 3 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Employment Law
Satisfied Customers: 32,355
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
Verified

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

Ask Your Own Employment Law Question
Employment Lawyer: LegalKnowledge, Attorney replied 3 months 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?

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
I was hired for Monday through Friday specifically. I’m in Minnesota
Customer reply replied 3 months ago
My manager is aware of me not having child care so I was hired for morning shifts only
Employment Lawyer: LegalKnowledge, Attorney replied 3 months 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.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
What are the sleep laws for Minnesota
Employment Lawyer: LegalKnowledge, Attorney replied 3 months ago
What do you mean by that?
Ask Your Own Employment Law Question
Customer reply replied 3 months 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 3 months 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).

Ask Your Own Employment Law Question
Employment Lawyer: LegalKnowledge, Attorney replied 3 months 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.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
In these photos you can see it’s a form of punishment
Employment Lawyer: LegalKnowledge, Attorney replied 3 months 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.

Ask Your Own Employment Law Question
Employment Lawyer: LegalKnowledge, Attorney replied 3 months 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!

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 13,406
13,406 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,406 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
My question is for CA. Can you still help? Part time. I
part time. I believe "at will" There's no union and I work part-time... well worked...past tense … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,147 satisfied customers
I have a question. Where I work I was hired for the weekend
I have a question. Where I work I was hired for the weekend option that started from 7am friday morning thru 7am Monday morning. Work decided to change weekend time change to 7pm Friday night to 7 am … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
The company I work for is a Residential Appraisal Company.
The company I work for is a Residential Appraisal Company. I am a staff (appraiser support) worker. I have worked for this company for 7 years- the first three I worked at their Dallas Branch office b… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I work for a company that has 12 hour shifts. They work 3 days
I work for a company that has 12 hour shifts. They work 3 days on from 7 am to 7 pm then 3 days off. The other shift is from 7 pm to 7 am. Then you work 4 days on and have off 4 days. I currently work… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
What do I do in a case of labor disagreement on overtime. I
What do I do in a case of labor disagreement on overtime. I was told by my office manager it was ok to work overtime, verbally, on Monday after showing her my work load due to double shifts being ran.… read more
Attorney Arcadier
Attorney Arcadier
Managing Attorney Partner
Doctoral Degree
197 satisfied customers
I have two staff always scheduled for 24 hour shifts in a small
I have two staff always scheduled for 24 hour shifts in a small residential assisted living home of 5 residents. They mostly sleep through the night, but occasionally one will have to assist a residen… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I have chroic health conditions for which I am treated and
I have chroic health conditions for which I am treated and monitored by a medical doctor. I work full time as a nurse and work as a "day/night rotator" meaning I work some day shifts and some night sh… read more
Help4Health
Help4Health
Attorney and Counselor at Law
Doctor of Jurisprudence
31 satisfied customers
Florida Labor Law - Does an employer have the right to reduce
Florida Labor Law - Does an employer have the right to reduce an employee's weekly hour arbitrarily? I have been working for a small hotel since May 2011. I was initially hired as a relief Night Audit… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Hi, I really need to know what to do... should further developments
Hi, I really need to know what to do... should further developments happen in the immediate future... or who to call now. I live in New York State... I have worked over 30 day consecutively... and now… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
2 Days off under Union Contract vs. just 48-hours off
I work under a union contract which guarantees that we get two consecutive days off each week. If asked to work on one of the days off, it's x1.5 pay. But I am new and I work the night swing shift. My… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
On Monday 3/27/11 I was informed that my 8 hour night shift
On Monday 3/27/11 I was informed that my 8 hour night shift 12am to 8am will change to a 15 hour shift on Friday 4/1/11 will not be paid for 6 of those hours for sleep time but must not leave the the … read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
I have been at my job going on 10 years at a union property.
I have been at my job going on 10 years at a union property. Last October 0f 2009 new management came in and did layoffs. I wasn't laid off because I'm 3rd in seniority. For the previous 9 years I had… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
One employee was fired today and the HR just got to know about
One employee was fired today and the HR just got to know about it at 8pm - when the office was closed and it is Friday night. The employee demanded her check to be cut on Saturday morning for a pick u… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I am a registered nurse of 32 years. I have extensive management
I am a registered nurse of 32 years. I have extensive management experience. For the last 5 years I have worked as the charge nurse of a 32 bed med surg unit. I have always had glowing evaluations and… read more
Cedric
Cedric
Attorney at Law
Doctoral Degree
2,088 satisfied customers
I live in Maryland and am a bartender. They have managers
I live in Maryland and am a bartender. They have managers working bar shifts and keeping the tips and when managers help me when I am busy they expect me to share my tips, is this allowed?… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
13,406 satisfied customers
Hello, I am facing a problem at work regarding my work schedule.
Hello, I am facing a problem at work regarding my work schedule. It is not the schedule I was hired to work. My boss keeps adding night shift hours to me, since my hire, that were not agreed upon my a… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Hi. I am a registered nurse currently working in a hospital.
Hi. I am a registered nurse currently working in a hospital. I work every weekend, (Friday, Saturday, and Sunday night, 12 hour shifts). The weekend shift is called Baylor. When I was hired, I was tol… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I am a shift worker at a Water Treatment Plant, Im a ...
I am a shift worker at a Water Treatment Plant, I''m a Treatment Plant Operator.One of my co-workers, became ill, and was out of work for some months, as shift workers, we have the right to work the o… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
96 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x