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  1. #1
    Gordon C is offline Junior Member
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    Can an employer change your normal set work schedule without notice?

    What is the name of your state (only U.S. law)? California

    I am on the Division of Labor Standards Enforcement (DLSE) looking for answers but am unsuccessful. Any input is greatly appreciated. Here is my situation.


    My set days off are Wednesday and Sunday. 12-9 job, same schedule for about one year. General manager decides to change my day off of Sunday to Thursday knowing I am unable to work Sundays due to vocational courses and religious activities. Supervisor called me day of Thursday 10/21 stating I should not come in and to work Sundays from now.

    Walk in to work today to have a chat with the general manager for an explanation. He said its not negotiable and for the reason because I was not deserving to have Sundays off anymore. Unable to work the new schedule left me no choice. I picked up my last check and left. He didn't fire me nor did i quit voluntarily.

    This change is intentionally forcing me to quit. Am I terminated because I'm unable to work the changed schedule? I didn't write a resignation letter because I was told I didn't have to. What category does this leave fall under? Do I qualify for unemployment?


    I left the office confused to what has just happened and if any of my rights have been violated. What can I do?
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by Gordon C View Post
    What is the name of your state (only U.S. law)? California

    I am on the Division of Labor Standards Enforcement (DLSE) looking for answers but am unsuccessful. Any input is greatly appreciated. Here is my situation.


    My set days off are Wednesday and Sunday. 12-9 job, same schedule for about one year. General manager decides to change my day off of Sunday to Thursday knowing I am unable to work Sundays due to vocational courses and religious activities. Supervisor called me day of Thursday 10/21 stating I should not come in and to work Sundays from now.

    Walk in to work today to have a chat with the general manager for an explanation. He said its not negotiable and for the reason because I was not deserving to have Sundays off anymore. Unable to work the new schedule left me no choice. I picked up my last check and left. He didn't fire me nor did i quit voluntarily.

    This change is intentionally forcing me to quit. Am I terminated because I'm unable to work the changed schedule? I didn't write a resignation letter because I was told I didn't have to. What category does this leave fall under? Do I qualify for unemployment?


    I left the office confused to what has just happened and if any of my rights have been violated. What can I do?

    You can brush up your resume, look for a new job and file for unemployment benefits.
  3. #3
    Zigner is offline Senior Member
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    Your rights have not been violated.

    Apply for unemployment.
  4. #4
    justalayman is offline Senior Member
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    Quote Originally Posted by Gordon C View Post
    . Am I terminated because I'm unable to work the changed schedule?
    You weren't terminated. You quit. Not good for unemployment.

    I presume you have no labor contract, correct?

    Your only right to demand Sunday off would be due to the religious activities. Without knowing all of the specifics, it's impossible to determine if your activities would be enough to allow you the day off, or some portion of it.


    You should have not quit and if anything, called in for Sunday and dealt with the situation should you be terminated. The way it is now, you have no claims and likely no unemployment insurance.
  5. #5
    Zigner is offline Senior Member
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    Quote Originally Posted by justalayman View Post
    You weren't terminated. You quit. Not good for unemployment.

    I presume you have no labor contract, correct?

    Your only right to demand Sunday off would be due to the religious activities. Without knowing all of the specifics, it's impossible to determine if your activities would be enough to allow you the day off, or some portion of it.


    You should have not quit and if anything, called in for Sunday and dealt with the situation should you be terminated. The way it is now, you have no claims and likely no unemployment insurance.
    OP is able to participate in "vocational courses" on Sundays...OP is able to work on Sundays.

    I am unable to work Sundays due to vocational courses and religious activities
  6. #6
    justalayman is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    OP is able to participate in "vocational courses" on Sundays...OP is able to work on Sundays.
    If vocational is referring to classes to become a plumber, then they would not be an excuse. Maybe a carpenter, but not a plumber

    that in itself does not mean they would not be allowed exceptions to attend to religious activities. S/he is not claiming they can't work on Sundays at all, just that it conflicts with religious activities. Depending on the situation, that may be enough to allow time off, for at least those religious activities.

    but since they simply quit and did not attempt to get a religion based exemption, all this is meaningless to this situation.
  7. #7
    Gordon C is offline Junior Member
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    Quote Originally Posted by justalayman View Post

    You should have not quit and if anything, called in for Sunday and dealt with the situation should you be terminated. The way it is now, you have no claims and likely no unemployment insurance.

    What I did not want to hear but thank you for the input. As for my reason of leaving, wouldn't there be another category this falls under? I didn't quit, I was unable to work the sudden change but leaving the office today does put me in a bad situation. I will be contacting HR to see the official reason for my parting from the company.
  8. #8
    Zigner is offline Senior Member
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    One other thing - your title asks if an employer can change your normal schedule without notice. In YOUR case, you DID get notice.
  9. #9
    justalayman is offline Senior Member
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    well, when leaving employment, you have 3 possibilities:

    1. you quit

    2. you were terminated

    3. the building blew up and there is no place to go to work.


    which one seems to fit?
  10. #10
    Gordon C is offline Junior Member
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    Quote Originally Posted by Zigner View Post
    OP is able to participate in "vocational courses" on Sundays...OP is able to work on Sundays.

    I understand that but as for the employer knowing my current schedule, wouldn't a proper notification to give time for the adjustment be required?
  11. #11
    yowers1 is offline Junior Member
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    Changing schedule in employment

    My fiancee' and I were team drivers for a large company for 2 years and they changed our schedule that did not work for seeing our children. No notice what so ever. They wanted us to be away from home longer than 10 days at a time. Because of the verbal contract they lost with unemployment and have had to pay us to sit at home. If you quit you will not be able to get unemployment. As long as you were a good employee and didn't quit you can file and win. If you quit you have no just cause to do anything but look for other work. I speak from experience and not a lawyer.
  12. #12
    Zigner is offline Senior Member
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    Quote Originally Posted by Gordon C View Post
    I understand that but as for the employer knowing my current schedule, wouldn't a proper notification to give time for the adjustment be required?
    You got 3 days. That, to me, IS proper notification.
  13. #13
    Zigner is offline Senior Member
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    Quote Originally Posted by yowers1 View Post
    My fiancee' and I were team drivers for a large company for 2 years and they changed our schedule that did not work for seeing our children. No notice what so ever. They wanted us to be away from home longer than 10 days at a time. Because of the verbal contract they lost with unemployment and have had to pay us to sit at home. If you quit you will not be able to get unemployment. As long as you were a good employee and didn't quit you can file and win. If you quit you have no just cause to do anything but look for other work. I speak from experience and not a lawyer.
    First - your situation has NO SIMILARITY to the OP's.

    Second - you are NOT being paid to sit at home. You are receiving unemployment compensation while you are actively looking for other work.
  14. #14
    Gordon C is offline Junior Member
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    Quote Originally Posted by Zigner View Post
    You got 3 days. That, to me, IS proper notification.
    To be honest, dropping a $3900 vocational course that I have almost completed is just out of this world. My manager is aware of this and the fact that I am paying the tuition with this job. How do I adjust in 3 days?
  15. #15
    Gordon C is offline Junior Member
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    Its hard to believe that I am helpless in this awful situation. Putting this heartless company behind me and moving on. Thank you all for the input.

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