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Old 06-20-2012, 10:00 PM
 
123 posts, read 101,043 times
Reputation: 93

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I started this job in january with an agreement that I couldnt work every weekend. I got joint custody so my availability to work was limited. Today I they told me I wouldnt get any hours anymore if I couldnt work weekends. Im off the schedule now for 2 weeks and I dont know what to do.
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Old 06-20-2012, 10:07 PM
 
Location: NJ
18,677 posts, read 16,207,114 times
Reputation: 7273
Look for another job. Short of a contractual agreement stipulating hours, employers are free to change the way they schedule.
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Old 06-20-2012, 10:18 PM
 
Location: USA
4,980 posts, read 8,126,099 times
Reputation: 2506
Oh yeah, jobs are so easy to find. No brainer. Just find another job. Why didn't the OP think of that?

Employers can't be held to contracts. Just try to enforce it. Any employer will say that your employment or duties may change as the employer sees fit.

With the job market right now, just try to make demands.
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Old 06-20-2012, 10:21 PM
 
Location: NJ
18,677 posts, read 16,207,114 times
Reputation: 7273
Quote:
Originally Posted by nebulous1 View Post
Oh yeah, jobs are so easy to find. No brainer. Just find another job. Why didn't the OP think of that?

Employers can't be held to contracts. Just try to enforce it. Any employer will say that your employment or duties may change as the employer sees fit.

With the job market right now, just try to make demands.
Better to go job hunting than sit home waiting for them to change their minds.
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Old 06-20-2012, 10:40 PM
 
Location: USA
4,980 posts, read 8,126,099 times
Reputation: 2506
Quote:
Originally Posted by bobtn View Post
Better to go job hunting than sit home waiting for them to change their minds.

It's more than tough out there. If I were the OP, I'd start looking for a babysitter or a family member to help.

The fact they took her off the schedule for two weeks is very telling. Change your mind or else. It would be nice if she could find another job. Then she could say the two weeks was her "two weeks notice".
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Old 06-20-2012, 10:51 PM
 
Location: California
4,402 posts, read 10,993,868 times
Reputation: 3117
Quote:
Originally Posted by sonia112 View Post
I started this job in january with an agreement that I couldnt work every weekend. I got joint custody so my availability to work was limited. Today I they told me I wouldnt get any hours anymore if I couldnt work weekends. Im off the schedule now for 2 weeks and I dont know what to do.
Unfortunately, the needs of the business are going to come first, and weekends are usually a priority. So, if you have cut your hours to the point that they are not able to use you on anytime other than the weekend, if you are not available on the weekends then you will not get hours.

Part time has a guarantee of 0-30 hours.
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Old 06-21-2012, 12:30 AM
Status: "Is Soy Milk just Spanish Milk introducing itself?" (set 22 days ago)
 
Location: Las Vegas, NV
543 posts, read 986,378 times
Reputation: 768
Sonia, employment laws vary a lot from one state to another. In most states, forcing an employer to keep a promise like the one made to you will be difficult if not impossible. But in your state -- wherever that may be -- the laws may be different. For example, in Montana, unlike almost all other states, an employer must have just cause to fire you. Drastically cutting your hours can be viewed as a constructive discharge (same as being fired) if you are forced to quit. Then the question is whether the promise made to you took away just cause to fire you over the hours. Alternatively, most states have an employment at will doctrine that allows an employer to fire an employee for any reason not contrary to law. In some of those states, however, a specific promise of employment (usually for a specific duration) will defeat the at will doctrine and give an employee the right to keep a job unless the employer has just cause for discharging the employee. Another kind of law that varies from state to stae and may apply to your situation is contract law. Some states will allow a person to enforce a promise made by another when the person detrimentally relies on the promise. For example, if you turned down other job opportunities because you were promised certain hours on this job, the employer promising you he hours may be obligated to pay you for those hours regardless of whether you actually worked them. But in he same state, an employer may be required to honor that promise for a given pay period on one hand but on the other hand the employer may be allowed to fire you for having insisted on getting paid for hours you did not work.

If this all seems complicated and confusing, it is because it is. If the job is really important to you and you need to work the hours agreed upon when you were hired, you probably need a local, experienced, employment lawyer to help you.
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Old 06-21-2012, 01:47 AM
 
Location: California
4,402 posts, read 10,993,868 times
Reputation: 3117
Most likely OP was hired with a "Part Time 0-32 hours" guarantee. 0 is well within the law. In Montana, if the guarantee was 0-32, still within the law. As for contract law, OP likely signed the handbook and standard language is that any promises of a job, either in duration or through other promises, is not valid unless in writing and signed by someone at the V.P. Level. So, 0 legal here too.

Sorry, but you have a lot of pretty words in your post, but not one bit of law that helps OP. Employers can change terms of employment at any time, as long as the change is not in order to discriminate. No matter how much legalese you throw out, Op;s employer isn't doing anything wrong.
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Old 06-21-2012, 01:57 AM
Status: "Is Soy Milk just Spanish Milk introducing itself?" (set 22 days ago)
 
Location: Las Vegas, NV
543 posts, read 986,378 times
Reputation: 768
Quote:
Originally Posted by thebunny View Post
Most likely OP was hired with a "Part Time 0-32 hours" guarantee. 0 is well within the law. In Montana, if the guarantee was 0-32, still within the law. As for contract law, OP likely signed the handbook and standard language is that any promises of a job, either in duration or through other promises, is not valid unless in writing and signed by someone at the V.P. Level. So, 0 legal here too.

Sorry, but you have a lot of pretty words in your post, but not one bit of law that helps OP. Employers can change terms of employment at any time, as long as the change is not in order to discriminate. No matter how much legalese you throw out, Op;s employer isn't doing anything wrong.
Actually, my point is that OP should not rely on any general advice here. The laws are too specific by state for anyone to give more than general info here without risking the chance of giving incorrect and potentially harmful advice. Even if we knew the applicable state law, giving advice based on a few sentences of facts is foolish. Look at your own post to see how many assumptions you are making to reach your conclusions.

I don't want to argue, but a quick example of your mistaken advice is the suggestion that employers are free to change terms of employment at any time. That is simply wrong. Clearly, an employer that is party to a collective bargaining agreement cannot. Many benefits cannot be changed at will. The same is true even of wages which can only be changed in accordance with wage payment laws.

Your desire to help is admirable, but real help to OP can only come from someone with more knowledge of the applicable facts and law.
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Old 06-21-2012, 02:09 AM
 
16,613 posts, read 19,252,078 times
Reputation: 32711
Quote:
Originally Posted by thebunny View Post
Most likely OP was hired with a "Part Time 0-32 hours" guarantee. 0 is well within the law. In Montana, if the guarantee was 0-32, still within the law. As for contract law, OP likely signed the handbook and standard language is that any promises of a job, either in duration or through other promises, is not valid unless in writing and signed by someone at the V.P. Level. So, 0 legal here too.

Sorry, but you have a lot of pretty words in your post, but not one bit of law that helps OP. Employers can change terms of employment at any time, as long as the change is not in order to discriminate. No matter how much legalese you throw out, Op;s employer isn't doing anything wrong.
Exactly, why even suggest sending someone to a lawyer? It seems today that everytime someone doesn't get their way they think lawsuit.

This job sounds like it might be in retail or some other type of service industry position which requires working weekends. If you work in a store or a restaurant it is almost a given that it requires weekends.

I think the OP should look for another job and in the meantime have a family member help with watching the child while they're working, or if they're on decent terms with their ex try and work something out.

Approach the manager and say I have worked out my child care issues. Just go along with it for now and spend your free time looking for something else.

For example if the schedule goes up and there is a weekend that they're off and it's not the weekend the OP is supposed to have the child, see if the ex is willing to change weekends.

I would have done that before telling the boss I can't work weekends.
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