Can Employers ignore scheduled hours and send home an employee day after day?

Question

My son is working part-time at a new fast food restaurant in our area.  In the past 3 weeks, although he was on the schedule, he has gone to work and been sent home immediately 3 times, has had his supervisor call 2 times to ask he not come in (over scheduling was the excuse), and most recently he called for his schedule and was told he was "on call."  To me it sounds as if he's being asked to quit, but he won't.  He's good at his job and well liked by the other employees.  There has been no hint from his supervisors/managers that his job was in jeopardy.  He's been there since it opened (4 months).  Other than poor performance, has an employer the right to repeatedly ask the same employee to not work even when scheduled?

michr · Accepted Answer

they can ask him to go home, can change his schedule at the last minute and his job performance is irrelevant.... the employer sets the schedule and may change it at any time, with or without notice, with or without the employees consent. 

it is common for a new business to make numerous changes to the schedule, they do not have a history of sales to use for projections so they must make changes at the last minute. 

is this the best way to run a business? probably not, but it is legal, and it may even be prudent at this time for this business. 

there are a couple of states that have a law that does require a portion of the scheduled hours to be paid under certain situations such as California's Reporting Time Law, but there are only a couple of such states.....

Judy · Answer

Yes they can. The employer sets the schedule and can change it, even last minute, according to their needs.

If you're in California they might owe him some pay for the days he was scheduled and showed up but was sent home.

tro · Answer

the employer has a responsibility to provide the services his business offers, it this means he schedules as he sees fit, that is his prerogative and responsibility
you don't know why your son is not being scheduled or sent home from reporting as schedule
if this isn't working out for your son and appears not to be something that is going to be better in the future, he should be able to get work elsewhere considering your plaudits of his abilities

? · Answer

Yes.  A schedule is not a contractual obligation.

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Can Employers ignore scheduled hours and send home an employee day after day?

4 Answers