Scheduling Legality

[angie01]

I work part-time for a sit-down restaurant and was wondering about some of the scheduling practices they do and if they are legal. For holidays and other busy days, they choose only the "best" people to work those days and they force you to work them because they will not allow you to switch with someone who they deem "not as good as you". They also do this to me for my other shifts. Since I am considered "really good", there are only about 2 other people who are at my level that I am allowed to switch with or give my shifts to. It is not my fault that they don't hire good people, don't train them property, or whatever the reason may be, and I should not have to work whenever THEY want me to just because I am good at my job.

 

[presutin]

You are right. You have the right to say no to their scheduling and they cannot force you to come and work the shifts that they want. If I were you, I would point out that they can always elevate the level of the employees by, like you said, hiring good people, training them properly, etc... If they don't flex your schedule, it is time for you to find another job opportunity in town.

 

[CdwJava]

I spent many years in the restaurant biz and found that some employers were flexible, others were not. At one restaurant I was one of the best servers and was able to work the prime sections on Thursday through Saturday nights as I chose. However, as "payback", I also had to agree to work Sunday Brunch which was typically lots of work and very poor tips. I could have turned down the weekend work or the brunch, but I would then have likely found my hours cut back and my work days less lucrative.

In the restaurant business, you tend to have to take it as it comes. Yes, you get punished for being good, but a good employer will work with you when need be. If you don't like the employer, quit.

- Carl

 

[cbg]

What it comes down to is that there are no laws dictating to the employer how they must schedule their employees.

You are free to say no to the schedule as presutin says, but they are also free to fire you if you are not willing to work they hours they want you to work.

Sometimes you just have to realize that "no good deed goes unpunished"!

 

[angie01]

Thanks for the advice! I just wanted to make sure there was nothing else that could be done besides looking for a new job!