Work starting time -- violation of contract? (San Francisco: condo, employment)

[oao]

When my wife accepted a position, she explicitly asked whether it requires non-normal business hours and was assured that it does not, on the basis of which she accepted the job. She was then asked officially to choose between starting at 8:00 and 8:30, and chose the latter.



Recently he started calling, texting, or emailing her at night, and before 8:30, expecting immediate response. He began demanding unofficially that she arrive at as early as 7:00, and now has asked HR to "make things work" by changing her official schedule accordingly.



She does not own a car and relies on public transportation, which is irregular and not reliable at those hours. In order to start before 8:00 she must catch one of the 6:05 or 6:15 buses. From her personal experience, it is unsafe for a woman to walk alone at those hours in San Francisco. The only way to satisfy the requirement would be taxi service, and she cannot absorb the expense.


On the legal side:



1. Does the change constitute a violation of her contract?
2. If not, can she, under the circumstances, be expected to either accept the risk, or absorb the expense in order to satisfy a post-facto change in requirement?


What can/should she do short of resigning and without spoiling the relationship, or giving him cause to dismiss her?


Any advice/help will be appreciated.

[Hemlock140]

Does she have a written contract that specifically addresses the working hours? If not, then the employer has every right to change any worker's hours as they wish to handle workload. Laws in CA and other states do not cover starting times nor to the convenience of transportation to the work site.

At most, she could remind the boss of the verbal exchange at acceptance, and ask for a change, but be prepared for him to deny the request.

[ccm123]

It sounds like a “bait and switch” may have been taken place. It happened to me at a start-up once
I was hired in regards to job responsibilities. I eventually resigned.

Keep in mind that California is an “at-will” employment state. Someone can be terminated for cause or no cause at all.

[oao]

It's tricky.


Yes, she does have it in writing. But her boss either promised normal working hours and did not intend to respect them, or discovered that it does not satisfy his needs.


The problem he has is that the institution does not permit abnormal hours because it does not want to pay higher rates.

So the bosses demand abnormal hours verbally.


She can, of course, refuse based on the written schedule, but risks poisoning the relationship and him messing up her record on false pretenses and replace her with somebody that will accept the abnormal hours. He is the type and the institution condones this behavior, which is rampant.

[oao]

See my other reply.


That's exactly the problem -- he can manipulate her out of the job and she wants to find another position before she resigns, and this may take time.