I am a waitress and my employer has taken away one of my main shifts. I have worked the same schedule and have had the same availability for the past 4 years. There reason for taking my shift was to give it to another employee who works more hours and wan

I am a waitress and my employer has taken away one of my main shifts. I have worked the same schedule and have had the same availability for the past 4 years. There reason for taking my shift was to give it to another employee who works more hours and wanted that good shift (Friday night. I make 1/3 of the money I make that night) There is no problem that I am aware of when it comes to my preformace at work. I have more experience, haves worked there longer, and preform my job better then the person who was given my shift. Without this shift I will not make the amount of money that I need to cover my bills.
The schedule for the week that my shift was taken from was posted the week before and originally I had my same schedule. I was asked to cover a sick employee on my day off. Unfortunately I was unable to. My boss very harshly confronted me about not being able to work. When ever is would say something he did not want to hear (why I could not work that day) he would put his hand in my face to stop talking. He then threatened to take my main shifts away because I was unable to cover a shift on a day that is not in my availability.
Not being able to speak to this manager I had spoken to my other manager about what had happened. I also let him know that my availability has not changed so I would not be able to cover a shift on a day I am not available. When I let him know about the treat from the other boss to take a main shift from me he promised I would not lose them.
After everything the schedule for this week was takes down n then reposted with the missing shift. (I have photo proff of both) When I inquired about the changes I was told that other employees deserved my shift because they work more shifts then me and can cover on days I am unavaiable. As I said before I have had the same schedule for 4 years. I have never been asked to change my schedule or become available to work more.
Help! What can I do?

1 answer  |  asked Mar 13, 2016 10:18 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Most employees, including you, are "at will" employees. No union, government, or contract protections.

You have not provided any employment discrimination facts regarding your situation. Although you have done a good job for more than 4 years your position may be terminated for a good, bad, or no reason at all. Discrimination would be unlawful but I did not read that you believe that you have been discriminated nor did you mention that you have been discriminated.

Although the other boss "promised" that your schedule would not change your employer may change your schedule unless the change is motivated by or caused by discriminatory motive.

You may want to schedule a personal conference with a labor and employment lawyer. There may be facts which a skilled lawyer may discover from consulting with you which you have not shared.

Or you may decide to begin searching for a new job in confidence. When management or ownership or teams change within any business situations like the one you describe are not uncommon.

posted by V Jonas Urba  |  Mar 13, 2016 1:00 PM [EST]

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