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I am full time employeed with a large company. Unfortunately…

Hi I am full...

Hi I am full time employeed with a large company. Unfortunately they are changing my hours. Because I have a learning disabled sister I can't do the hours that they request because I cannot leave her alone more than three hours. Currently I work until 8-5 and leave her alone for three hours but they want me to work 9-6 which means I would leave her alone 4 hours and the state agency that places her with me would remove her from my home. Is there anyway to fight these hours? Do I have any legal standing to keep my hours? They also want someone to cover a 7-3 shift which I said that I could do as that is not leaving her alone for 3 hours. But someone else wants that time frame and they do not want the 9-6

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

I have talked to my manager and he said that if we can't work it out there are other people to take our jobs and we could be let go. I have not talked to an attorney yet

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

At will

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

I don't think so. I'm a full time employee, single parent and I take care of my learning disabled sister placed with me through the state. The other person doesn't have those responsibilities at home but does not want to work 9-6 ty!

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Answered in 1 minute by:
6/8/2018
P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 37,673
Experience: Employment Law Expert
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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I am truly sorry to be the one to bear bad news...there is no law that you could invoke that would require the employer to you a particular shift.
If you need time off to care for a sick family member, you could request leave, without pay, under the Family Medical Leave Act. But that law would not require the employer to give you a particular shift

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can force them to give you the shift you want but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 37,673
Experience: Employment Law Expert
Verified
P. Simmons and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 2 months ago
Thank you! My position and hours have changed several times over the years. Would I have any legal standing to say that is harassment to have me leave? They are saying if I don't do the hours they will have to lay me off even thought I agreed to the early shift
Customer reply replied 2 months ago
I have change my hours several times over the last two years to accommodate my employers request. Would I be able to say this is harassment?
Customer reply replied 2 months ago
Or discrimination against someone taking care of learning disabled person?

Just a moment please...I have some thoughts and will type them up

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This very well may be harassment. But it is not, necessarily, illegal

Generally speaking, it is not a violation of the law for an employer to treat an employee poorly. Only when the reason for the treatment is a "protected status" does it become illegal

By protected status I mean race, gender, ethnicity, religion, or some other protected status.

IF your employer is harassing you because of your race, gender, ethnicity, or some other protected status? THat is a violation of the law and would be a basis to sue for illegal discrimination.

But you taking care of your learning disabled sibling, in and of itself, is not a protected status (like, race, gender, religion, etc)

Please let me know if you have more questions. Happy to help if I can.

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Customer reply replied 2 months ago
TY!

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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