Question:
Dear Nancy,
My employer just forced my coworker to change her work hours from a day shift to a night shift. She was given one-week notice to prepare for this change. She was hired for a day-time schedule and has worked there for more than 10 years. Is she allowed to refuse this change without risk of being fired?
Thank you,
Wilma
Nancy Brent replies:
Dear Wilma,
Generally, an employee is hired to work at a particular facility and not necessarily on a particular unit, floor or shift. As a result, employers are free to change conditions of employment as they see fit.
One way this is done for employees at-will is to have a disclaimer in the employee handbook that clearly states changes can be made by the employer as necessary and there is no contract of employment or employment conditions, express or implied.
Unfortunately, longevity has no bearing on changes in employment conditions. Loyalty in a position or at a place of employment is rarely acknowledged in the type of situation you present in your question. One choice your coworker has is to try and reverse the decision that was made.
It may be, for example, that she is a single parent and needs someone to be home at night with her children. Other real, factual life situations also may help present a good argument in this regard.
However, if a reversal is not made, the only choice is to look for work elsewhere. A flat-out refusal to work the night shift probably will not work and may result in termination.
If your coworker believes the employer is making this change for some type of discriminatory motive (e.g., her sex or race) or if the change is due to some sort of retaliation against her by the employer, a consultation with a nurse attorney or attorney would be a good idea.
Cordially,
Nancy Brent
