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How far in advance does an employer have to post a schedule for at will employees who are seasonal or part time?

Garden Grove, CA |

Often times the schedule for a week (Monday through Sunday) is not put up till the Sunday prior to it an hour before the store closes.

Attorney Answers 3

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Unless there are contracts with individual employees or a union agreement which addresses this issue, there is no legal requirement of a minimal time for the employer's posting of the work the schedule. The law does not control all ineffective or inefficient conduct.

California is an at will employment state, which means that either the employer or the employee is free to end the employment relationship at any time for any reason. (Exceptions where there is a union agreement or employment contracts.) Theoretically, the law presumes that inefficient management practices will cause loss of good employees and that management will therefore be forced by this economic disincentive to adopt better practices. Of course, specific economic conditions can distort the effectiveness of the bi-lateral at will doctrine.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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If you are a seasonal or part-time employee in the retail business you already know your role is to fill in or add extra help to the regular staff based on the employer,s needs. Such needs in retail can change often and quickly depending on many factors and the employers will often adjust schedules accordingly with little or no notice. There is nothing unlawful about that.

If you have special needs or limitations, such as religious observance, physical handicap or something else, you can request the employer's accommodation but there is no guarantee they must do so if, by doing so, it would cause undue harm to the employer.

They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

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Before the scheduled shift starts which is to say that there is no legal requirement.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

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