If you cant work the weekends can the make you work the weekends?

Michael S. Haber 4.7727272727273 stars 22 reviews Rating: 9.4 Probate Attorney in New York, NY Reveal number tel: (212) 791-6240 Private message Call Message Profile Posted on Dec 7, 2011 Nobody can force you to work. In fact, they can force you not to work . . . by firing you. You really have no bargaining power here, so you might want to just try to explain the difficulties you have in working weekends and ask nicely if there's some other way that you can make up for it. Good luck to you. Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies. More 0 found this answer helpful helpful votes | 0 lawyers agree Undo Vote Helpful Undo Unhelpful Undo 0 comments

Marilynn Mika Spencer 4.7826086956522 stars 23 reviews Rating: 10 Employment / Labor Attorney in San Diego, CA Reveal number tel: (619) 233-1313 Private message Call Message Profile Posted on Dec 8, 2011 To add to what Mr. Haber said: if the reason you cannot work weekends is due to your religious beliefs, the employer may have to accommodate you. This depends on many factors; rather than writing all of them here, you may wish to let us know if the reason you cannot work weekends has to do with your religious beliefs. Also, if you cannot work weekends because you have to care for a member of your immediate family who is seriously ill, or due to your own medical condition, you may have protection under the California Family Rights Act, Government Code section 12945.2 (CFRA). CFRA is similar to the federal Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA). You can read about the FMLA on my guide: http://www.attorneyqna.com/pages/show?category_id=6&permalink=family-and-medical-leave-fmla-summary-of-key-provisions. If it is your own medical condition that is interfering with weekend work, you may be entitled to reasonable accommodation under the California Fair Employment and Housing Act, California Government Code sections 12900, et seq. (FEHA) and the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA). http://www.attorneyqna.com/pages/show?category_id=6&permalink=disability-discrimination-in-employment; http://www.attorneyqna.com/legal-guides/ugc/employment-disability-protection-under-californias-fair-employment-and-housing-act-and-federal-ada?published=true. Absent one of the reasons I refer to above, I agree with Mr. Haber that the employer does not appear to be violating any law. *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on as a service to the public, primarily when general information may be of assistance. is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. *** More 0 found this answer helpful helpful votes | 0 lawyers agree Undo Vote Helpful Undo Unhelpful Undo 0 comments

Michael Robert Kirschbaum 5 stars 17 reviews Rating Not Displayed Employment / Labor Attorney in Irvine, CA Reveal number tel: (949) 851-8090 Call Profile Posted on Dec 8, 2011 Employers are not required to schedule employees according to employee preference. If they want you to work the weekend, you can choose to work as requested or risk losing your job and probably not be able to collect unemployment. There are very limited exceptions. For example, if the real reason you cannot work at least part of the weekend is to observe the sabbath or any legitimate religious reason, an employer is required to attempt to accommodate your religious beliefs. But just because you were not required to work weekends before, does not create some kind of waiver preventing them from requiring it now. Try discussing this with your boss. Maybe he or she will be empathetic. if not, it may be a tough choice for you but there are many people out of work right now who would be more than happy to work weekends. 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. More 0 found this answer helpful helpful votes | 0 lawyers agree Undo Vote Helpful Undo Unhelpful Undo 0 comments