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I feel as though I'm being unfairly in relation to how my…

Customer Question
Hello, I feel as...

Hello, I feel as though I'm being unfairly in relation to how my job was conveyed I was offered a different schedule than one they are forcing on me, and even the HR director has been less than helpful and even demeaning at times

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

I've discussed with both my manager and HR to which they stated they are unable to do anything

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

I'm an "at will" employee

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

I have documentation that the offer that was extended to me was incorrect

Submitted: 28 days ago.Category: Employment Law
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Answered in 5 minutes by:
3/29/2018
Employment Lawyer: Legal Eagle, Lawyer replied 28 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,381
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 28 days ago
I transfered up to Williamsville, NY from Greensboro, NC with my current company to take on a position that is directed more towards my prior experience and gave me a decent salary increase. However, I felt as though I was "bait and switch".....I was advised my hours would be Monday through Friday 8-5 during training then Sunday through Wednesday 12-9 which is what I had agreed to. Now they are telling me my days would change to Saturday through Wednesday 12-9 which I would not have agreed upon. I had 2 other offers and would have listened to those offers had I of known I would have been put in this position. I moved my entired life for this job just to be told I would be given some extremely crappy days/hours.
Employment Lawyer: Legal Eagle, Lawyer replied 28 days ago

I'm sorry to hear about your situation. If you could tell me, were the hours stated in your employment agreement? If not, was 8-5 your regular working schedule with the company in NC?

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Customer reply replied 28 days ago
I have a e-mail that was sent to me advising of Sunday through Wednesday 12-9 to which I confirm I would work. However, now that I'm here They are telling me it was a mistake and that it should have been saturday through Wednesday which makes a huge difference to me.
Employment Lawyer: Legal Eagle, Lawyer replied 28 days ago

I’m sorry to hear about your situation. So, employment law doesn't specifically cover this situation because those laws just ensure that a person works in a safe place and is free from discrimination.

Contract law is largely going to govern this.

In your case, although there may not have been a binding agreement regarding time, you may have some recourse under the legal theory of promissory estoppel. What this means is that if someone made a promise upon which another person detrimentally relied, then the aggrieved party may be entitled to damages. Promissory estoppel usually requires five (5) things:

1. The defendant made a promise that was clear and unambiguous in its terms

2. The promisee relied on the promise.

3. The reliance on the new promise was reasonable and foreseeable.

4. You were injured by the reliance.

5. Injustice can be avoided only by enforcement of the promise.

Accordingly, you may want to consider just writing a formal demand letter that they either honor their promise or they pay you the reasonable damages that you incurred as a result. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. If this doesn’t work, sadly, the only other option is to go to court to have a judge enforce the law. How else can I help today?

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