Forced shift changes and pay cut in New York

Posted this in another forum but after looking over answers in my post and other threads I think they are wrong. Someone suggested this forum. Seems it is a new forum and I don't think anyone is around but I guess it has to start someplace. So I will post my question same as in the other forum:

Is a supervisor allowed to force you to work another shift without good reason?

Recently my boss came to me and said that he is going to make me change shifts to third shift from second shift. That he was doing so to train other people on other shifts. Thing is though that we are all already trained on the different shifts. The proof lies with the fact that he allows us to cover the different shifts when other people call off sick.

I think the real reason is that his favorite finished school up and now wants to be back on second shift (my shift) which he gave up to attend classes several months ago. So basically my boss is making a whole bunch of people's lives hell because one person wants a different shift.

My boss also said that he may have me do first shift in the near future which would mean a $400 monthly cut in pay because I would loose my differential pay. Is it legal to force me to take a shift without good justification that would result in a $400 per month pay cut not to mention a serious lifestyle alteration?

All though it is true the employer can assign you any shift, if doing so causes a reduction in wages this gives rise to an unemployment claim, irregardless if you are still employed. If the employer terminates for filing this could give rise to a suite under violation of public policy.

Not every state adheres to the public policy exception, and New York law is very sophisticated, and their courts are going either way. So check with the New York state unemployment office to see if you salary reduction qualifies for unemployment benefits.
JoeC

Do you work under a collective bargaining agreement?

Is there any sort of employment contract or employee handbook that you either signed or were given when you started work?

Did you leave another job in order to take your present position?

Did you move from another location in reliance on the promises of your current boss?

These are all questions that need to be answered in order to assist you in any meaningful way.

Eric

Thanks for the replies folks. Certainly more productive than what seems to be the stock answer to any question regarding exploitation: "do you have a contract."

When I took the job I was promised this specific shift and was told that I would never be forced to change shifts. That shift coverage would ALWAYS be voluntary. I am being put from third second shift to third shift. He scheduled this without even asking me. As you can expect it is a huge lifestyle change changing shifts.

No I did not take this job from another job. I was working a tutor at college but was more of a side job to make cash while at school. And no I did not relocate for this job.

At least, at this time I keep my differential but he said he may require me to take first later on which is a $400 reduction in monthly wages....but I think, well I am quite sure that I would not at all qualify for additional unemployment benefits because of the cut. Still would be making at least 1700 per month.

Only thing I can think of and it is the truth is that I have a disability which requires me to take medicines. The shift he wants me to take would screw all that up because some medicines I take at night and some in the morning. If I do the swing shift it would throw my medication schedule all off balance. I guess what I am saying here is that I could say it is a "reasonable accommodation" to allow me to stay on my shift. What do you think?

Good points Sposito, I assumed there was no Collective Bargaining Agreement in place or the poster would have mentioned a Stewart. As far as the rest probe away!
JoeC

As far as any direct legal rights to sue them, no you don't have any. There may be some unemployment rights based upon your other wages. From what you posted, you don't think that you are able to collect unemployment.

Here is another option. Do you have an HR department? Have you considered seeing them? Do you think it will be a worthwhile effort? If you don't have an HR department that you can trust, it may be time to form a union. We can help you with that too! There are some unions that you DEFINITELY don't want to affiliate yourself with. They are just out to collect your dues, and won't do ANYTHING the workers.

Thats correct Blue Bear it is always a fine day to form a Union. New York state and New Jersey have the strongest Labor laws in the United States. So depending upon the type of work you do, contact the AFL-CIO. Nothing gets the employers attention, like concerted activity.
JoeC

Justin2008 wrote:Thanks for the replies folks. Certainly more productive than what seems to be the stock answer to any question regarding exploitation: "do you have a contract."

When I took the job I was promised this specific shift and was told that I would never be forced to change shifts. That shift coverage would ALWAYS be voluntary. I am being put from third second shift to third shift. He scheduled this without even asking me. As you can expect it is a huge lifestyle change changing shifts.

No I did not take this job from another job. I was working a tutor at college but was more of a side job to make cash while at school. And no I did not relocate for this job.

At least, at this time I keep my differential but he said he may require me to take first later on which is a $400 reduction in monthly wages....but I think, well I am quite sure that I would not at all qualify for additional unemployment benefits because of the cut. Still would be making at least 1700 per month.

Only thing I can think of and it is the truth is that I have a disability which requires me to take medicines. The shift he wants me to take would screw all that up because some medicines I take at night and some in the morning. If I do the swing shift it would throw my medication schedule all off balance. I guess what I am saying here is that I could say it is a "reasonable accommodation" to allow me to stay on my shift. What do you think?

As far as your medication being an issue you can hang your hat on…. In order to claim a medical condition as requiring your employer to make a “reasonable accommodation” the condition must limit an essential life function. I don’t think, unless you’re not communicating an important fact, that you’re limited in what the law speaks to when it enunciates that an illness or disability limits an essential life function. Schedules for taking medication will most assuredly not qualify as your being limited in an essential life function. If you were, for instance, required to have kidney dialysis that would make you limited in an essential life function (the filtering of waste products from your blood) and you would be able to force your employer to make a reasonable accommodation in order to get you to your treatments.

The promises that were made to you when you took the job might give you something to hang your hat on, but it will be difficult if not impossible to prove what was said unless the person that made the statements to you would be willing to either testify to that fact of it the representations were made in a writing of one sort or another. If there was no writing it is going to be a tough road to hoe, even if the person that made the statements wants to do the right thing their job might very well be on the line if they did so. I don’t think you would want to put someone in that sort of position.

I think the advice you were given about approaching the HR department and see if they are receptive to your concerns. Sometimes the path of least resistance is the best path to take. At least as long as you’re not at war. War being a condition of last resort, due to the obvious casualties that are invariably the result.