I have been working 3rd shift for almost a year and have requested to return to day shift. I was told that no one else in my department could do it because they have families (married with children) and beings I do not I would need to remain on graveyards. Is this legitimite discrimination? If so what are my options?
2007-11-12 02:02:15 · 9 answers · asked by Dani 2 in Politics & Government ➔ Law & Ethics
Ive been with the company for 3 years and was previous to this strictly a day shift worker, we were forced to open a 3rd shift and agreed to temporarily help until they could hire a 3rd shift staff. Im not looking to sue or take legal action Im just cuious if this is something I can take to my HR dept
2007-11-12 02:16:34 · update #1
I am in the US NC to be exact and I work hospital pharmacy
2007-11-12 03:00:48 · update #2
No. I don't think marital status has ever been recognized as a "protected class" for purposes of discrimination laws;
EDIT: Sure you can take it to your HR Dept. But you have no leverage with them. They can tell you, "Tough S***" and don't have to make any special accomodation to you. If you would be hard to replace, I'd just tell them that you are considering your options because you cannot continute to work 3rd shift much longer because of [excuese]. but you risk them calling your bluff.
2007-11-12 02:08:10 · answer #1 · answered by dhdaddy2003 4 · 1⤊ 0⤋
UK? It depends what is says in your employment contract. If you have been happily doing the graveyard shift for almost a year then this will be an implied term by custom and practice in your contract. This is not discrimination as you had accepted the shifts. Take care, you did'nt say if you have been employed at that company for less than a year. If this is so, you may not be able to claim unfair dismissal, if the doo doo hits the fan. Check this site which will tell you about discrimination amongst other things. If you need more, go to your local CAB.
2007-11-12 02:19:27 · answer #2 · answered by DJJD 6 · 0⤊ 0⤋
What if you were to ask them what will happen if you start a family and can't do a day shift? Maybe you can get them to draw up a contract saying you will change to the day shift as long as when you start your family you can go back to the third shift. Other than that don't you have an option to say no? They can't fire you if don't change your shift for those reasons. Just say no if you feel your being discriminated against. They can't fire you for those reasons. By the way which shift do you like better? Think about it!! Good Luck!!
2007-11-12 02:32:26 · answer #3 · answered by 24Special 5 · 0⤊ 0⤋
This is not really discrimination. You would have a very weak case for trying to get anywhere in a legal battle over it and you would end up out of work while pursuing the case. Your best option is to quit.
2007-11-12 02:08:25 · answer #4 · answered by fangtaiyang 7 · 0⤊ 2⤋
Who knows. Who would have thought you could win a case on coffee being too hot?!
It definitely is unfair. And that's life. But call a attorney. They'll tell you in a free consult.
2007-11-12 02:15:14 · answer #5 · answered by cindyokie1 2 · 1⤊ 1⤋
Your options are to look for another job. Your employer employs people to work for the benefit of the company, and if he/she needs you on nights then he/she can put you on nights. If you don't want to work nights then look for another job.
2007-11-12 02:12:10 · answer #6 · answered by Susie D 6 · 1⤊ 0⤋
Work disputes are no win. If you complain they may make life hell for you. best to look for another job
2007-11-12 02:23:01 · answer #7 · answered by Grand pa 7 · 0⤊ 1⤋
IF you are in the U.S. then the situation you describe IS discrimination.
It is NOT, however, ILLEGAL discrimination.
2007-11-12 02:58:14 · answer #8 · answered by hexeliebe 6 · 1⤊ 0⤋
No. It's not. It's life. You'll understand when you have a family of your own.
2007-11-12 02:07:15 · answer #9 · answered by Anonymous · 2⤊ 2⤋