Wrongful Dismissal?

[Levi_Z]

My wife got a part-time job several months ago to work only Friday, Saturday and Sunday. It was agreed with her employer upon hiring that these would be the only days she would be scheduled. A couple weeks ago, a new manager was hired after the previous manager had given his two-week notice and left the company. Now with the new manager, he wants her to work weekdays and has scheduled her to work those days without consulting her. The new manager has also informed the employees that if they do not work the days they are scheduled they will be terminated.

The supervisors in her job have praised her hard work and one (the one who just left the company) even asked if she had any friends that worked as hard as she does and need a job.

It is very hard on the family and difficult for her to work full-time hours because she also home schools our 6 year old daughter and I work third shift.

Can an employer schedule part-time employees to work full-time hours and legally terminate the employees should they refuse to work the hours?

 

[Levi_Z]

I just wanted to rephrase my question:
Can someone who was hired to basically work weekends, be legally terminated for refusing to work weekdays?

btw: The new manager is aware that she was hired to work only on the days of Friday, Saturday and Sunday. The original manager and supervisors had also given her the option to work weekdays if she needed some extra income. Never, has she asked to work weekdays. Although, there has been no more than five times that she has worked weekdays because of the manager or supervisor calling her to ask if she could cover for someone.

Any knowledged replies would be much appreciated.

 

[Levi_Z]

Please bear with my multiple posts. I'm finding this forum very enlightning and stimulating.. to say the least.

I just have a couple more ideas to add:

If anyone's curious as to why the manager made the ultimatum that if anyone should not work on their scheduled day they will be terminated. It's because too often lately employees have been calling in sick.

Secondly, I've been thinking that an application for employment is a contract. Is it not? On the application, it states: "What days would you be available to work?" My wife wrote: "Friday, Saturday and Sunday." I would think that upon being hired the company was in agreement with the available days submitted on the application. Therefore, to terminate employment because an employee refused to work on days other than what was agreed upon the application, would essentially be a 'breach of contract'. Yes? No?

 

[Beth3]

Levi, an employment application does not remotely constitute a contract. Nor does a manager agreeing to a certain schedule when an employee is hired mean that will never be changed.

Yes, the new manager may schedule your wife to work whatever hours the manager wants her to work. Her approval or agreement is not necessary. Determining the hours of work and employees' schedules is solely management's perrogative.

I think what this manager is doing is dumb as he's undoubtedly going to lose an excellent worker when your wife quits because she just can't work these hours but management making foolish decisions is not against the law.

 

[cbg]

Sorry, but no. An application form is not in any way a contract. Also, barring a REAL contract to the contrary, an employer is entitled to make changes going forward as business needs require. If the needs of the company have changed, it is perfectly legal for your wife's employer to ask her to change her hours, and terminate her if she cannot or will not comply.