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An employer asks you in writing to state your availabile hours in writing at the inception of employment and you do so.

Tulsa, OK |

Can the employer force you to alter the (implied) agreement to an "open schedule" or threaten to cut your hours after you have been there for years? In this context, "open schedule" means they can schedule you anytime on any days whatsoever.You are ceding all control to them. (Full-time employee). They can change your schedule at will.

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Attorney answers 1

Posted

The employer can always change your schedule unless you have a contract that prevents this or this change is a violation of public policy.

This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.

Asker

Posted

Does the act of asking potential employees: "what hours are you available?" and requesting specific answers as a condition of employment bind the employer to those hours at all?

Robert John Murillo

Robert John Murillo

Posted

I don't think so. Asking this does not create a contract. Now, could other materials in addition to a certain way the act is said and structured create an implied contract? Possibly. That determination requires review of every single document and fact. Merely asking and getting a response with nothing more is of little use.

Asker

Posted

Apparently, the employer believes it is a contract as they are in the process of "requiring" all full-time employees to change their "availability" to "open". These requests are accompanied with veiled threats of cutting hours to part-time or not scheduling them at all if they refuse to do so. This is a (very) large non-union corporation. But the employer seems unable to act without the explicit consent of the employee(s).The employees feel they are being placed under duress to change their availability on the company computer, or by way of other employee actions. Supervisors are coming down hard on them to do so.

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