Legal Question in Employment Law in California

I work at an hospital on the night shift the normal staffing for working the floor is 1 staff one for each side (2 sides) unless the census is up. As a full time employee I get scheduled for 5 days out of a 7 day work schedule and have to be available for those 5 days. The night shif was already overstaffed when everyone was not on leave now they have hired another fulltime night shift person and we have now gone from being cancelled once in a two week pay period to twice. Is that fair practice, breach of contract -being garanteed 40hrs week and have to be avail. There have to be 1 person per side regardless of what the census is. The concern was brought to management at they assure it would it get better when one employee promote out. Instead they hire another to replace that one and hire another one after we were already overstaffed. do you have any info on the mandatory availibility of our time, the garantee of 40hrs and not honoring it.


Asked on 8/14/09, 12:36 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Unless there is a union contract in place that guarantees the numbers of hours you can work, employers are generally free to allocate work hours and schedules as they choose. If your hours were reduced for discriminatory or retaliatory reasons, you may wish to review the matter with an experienced employment law attorney to determine if you have a case.

Read more
Answered on 8/14/09, 1:28 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California