QUESTION

Worked for JCP in florida for 16 years. Was not able to comply with new scheduling system, so I had to take a separation package.

Asked on Jan 12th, 2012 on Labor and Employment - Florida
More details to this question:
Was told on wed about new schedules one must either come in at 5 am or 2pm, both of which I can not do b/c of small children. had to make decision in one day. Other people in the store get day shifts b/c of their situations, and I have been told this was all decided by a store manager who was promoted to another store. The job I was offered would have required me to work under another associate who hasn''t even been there a third of the time I put in. I recently came out of a supervisory position b/c I could not do early shifts and they dropped my pay. They said the only way to remain was to go on the floor, but they would drop my pay again which means I would only be working for benefits and to pay daycare. I am losing my insurance on myself and my girls. Can they do this? I know Florida is a right to work state, but this seems wrong.
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1 ANSWER

Alternative Dispute Resolution Attorney serving Charleston, WV at Robinson & McElwee PLLC
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As I understand your issue, you are asking whether an employer can force an employee to work a schedule which they cannot work due to child care issues.  Usually, yes.  The employer is paying you for your work time, and gets to set whatever schedule the employer believes is best for the company.  An employee who can't get child care in place to permit them to work the assigned schedule is not entitled to a change in shift schedules in order to accommodate child care needs. 
Answered on Jan 16th, 2012 at 5:06 PM

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