Telling me to start work earlier

[jasonxman]

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


Is my boss able to make me start work earlier? We made a contract, but it didn't specify what time I'm supposed to start work, but is he just able to tell me that I have to start work an hour early?

 

[FlyingRon]

It's good to be the boss. Unless the contract prohibits it, he's certainly within his rights.

 

[jasonxman]

Okay thank you, but I have a hypothetical question now. Answer it if you'd like.

Hypothetically, on the contract it says I work from this time to this time, but he comes up to me in personal and says we are now going to be working from this time to this time. How does the process work from their?

 

[swalsh411]

"How it works" is that they can legally fire you if you do not work the hours they want you to work.

You think you get to dictate to your employer the hours you work? Seriously? What planet are you on?

 

[eerelations]

Why on earth would you care whether or not a non-existent clause is enforceable?

 

[jasonxman]

how is that legal if the contract says I work this time and he tells me to work this time. He doesn't want to modify the contract and sign it again. So isn't that wrongful termination!?

 

[Proserpina]

how is that legal if the contract says I work this time and he tells me to work this time. He doesn't want to modify the contract and sign it again. So isn't that wrongful termination!?

Nope. Nowhere near wrongful termination.

Wrongful termination occurs when you're fired because of being part of a protected class. Google Title VII.

 

[jasonxman]

Nope. Nowhere near wrongful termination.

Wrongful termination occurs when you're fired because of being part of a protected class. Google Title VII.

thank you, that is all I needed to know.

 

[eerelations]

how is that legal if the contract says I work this time and he tells me to work this time. He doesn't want to modify the contract and sign it again. So isn't that wrongful termination!?

But the contract doesn't say that, so your point is completely moot.

 

[cbg]

And are you sure that what you have is actually a contract? I would estimate that about 93% of people who post here about their "contract" are talking about an offer letter or employment handbook that is not a contract at all.

 

[jasonxman]

And are you sure that what you have is actually a contract? I would estimate that about 93% of people who post here about their "contract" are talking about an offer letter or employment handbook that is not a contract at all.

I gave a signature and print with date and I gave the paper to him to sign. But I didn't witness him sign it..

Which brings up another question. Can he use that against me that he didn't sign it even though he is the one who made it and told me to sign and date it? Would that contract be valid if he were to say in the future that he didn't agree and didn't sign it? That would be dumb because he sent me an email wanting me to sign it and when I returned it back to him, their were no modifications.

 

[commentator]

You are not, by the way, being classified as an independent contractor, are you? Because if you are, one of the criteria of being a contractor instead of an employee is that you set your own hours, you aren't being told exactly when to clock in and clock out by an employer.

But if you are a payroll employee, yes, they can set the hours, whatever work hours they want to set. If they fire you for refusing to comply with the hour they select to begin, even if you have a contract or work agreement of some sort, you have no recourse, not even unemployment insurance is very likely, because you are supposed to do what the employer asks, and they have the ability to change the work hours and shifts and such as it meets the needs of their business, not your personal preferences or even what they have promised you or agreed with you they'd be. Quitting the job because they did this would not be likely to be considered a good reason and you'd not likely be approved for benefits, either.

 

[LdiJ]

You are not, by the way, being classified as an independent contractor, are you? Because if you are, one of the criteria of being a contractor instead of an employee is that you set your own hours, you aren't being told exactly when to clock in and clock out by an employer.

But if you are a payroll employee, yes, they can set the hours, whatever work hours they want to set. If they fire you for refusing to comply with the hour they select to begin, even if you have a contract or work agreement of some sort, you have no recourse, not even unemployment insurance is very likely, because you are supposed to do what the employer asks, and they have the ability to change the work hours and shifts and such as it meets the needs of their business, not your personal preferences or even what they have promised you or agreed with you they'd be. Quitting the job because they did this would not be likely to be considered a good reason and you'd not likely be approved for benefits, either.

While I agree...I do think that there could be some exceptions where changing the working hours could allow someone to be eligible for unemployment if they are fired for being unable to comply. Otherwise, companies could avoid paying UC for employees they need to lay off simply by changing working hours to something impossibly workable...and then firing everyone who couldn't comply. If I can think of that, then surely companies who need to lay off workers could and would think of that as well...and would utilize that.

 

[cbg]

Not every document that you sign and date is a contract.

 

[commentator]

While I agree...I do think that there could be some exceptions where changing the working hours could allow someone to be eligible for unemployment if they are fired for being unable to comply. Otherwise, companies could avoid paying UC for employees they need to lay off simply by changing working hours to something impossibly workable...and then firing everyone who couldn't comply. If I can think of that, then surely companies who need to lay off workers could and would think of that as well...and would utilize that.

Sure, every situation is different. What they'd look at is the genuine need of the business to change the work hours. For example, if the daylight hours are such that a construction type employer wanted to start an hour earlier, or because there was another reason the job would go better if they started at a different time, or the employer needed to fill a different shift, that's looking pretty legitimate. But creating an "impossibly workable" shift is technically legal for the employer to do, as long as they pay you for the hours you work.

But oh yes, things like this, changing the days hours and shifts of employees to get rid of them have been tried, ad nauseum, by employers everywhere. If it's across the board, if they fire a whole batch of employees for any reason, its automatically assumed that they're trying to evade their unemployment responsibilities, and the people tend to get approved for benefits. We had one very large employer in the area I used to work who got in a final insult by giving every employee a termination based on "poor job performance."

But in general, if its just between you and your employer, such as in this case, they can do it to you without it being approved. Without a very specific contract in place, you've got no protected right to your shift or your hours or your days off or whatever. And if the reason why you can't work the new hours is personal, such as, "I can't get a baby sitter for those hours" or "My transportation isn't able to get me there at that time," then it's considered a personal reason and won't likely be approved.