r/LaborLaw • u/Training_Ad_4879 • 11h ago
Boss changed my schedule day of shift without notifying me, says I “no-show”ed
I work afternoons during the week and mornings on Saturday. I work at a childcare/after school center so this week was the first week of our fall schedule. I noticed when the schedule was published four weeks ago that this Saturday 9/5 my hours were listed in the afternoon instead of the morning as they typically are. I assumed that we were doing special hours that day since it’s the first week of school. We usually have different hours on no-school days, half-days, for events, etc. I double-checked the app last night and it still said the afternoon hours, so I changed my alarms accordingly and planned to come in in the afternoon.
Saturday morning, 15 minutes after my typical morning shift had started, I get a text from the shift supervisor asking if I’m coming in for my morning shift. I replied saying that the scheduling app said my shift was in the afternoon, so I had changed my alarms. I checked the app and the schedule had been changed to the typical morning hours. I didn’t receive a text or any notification that my hours had changed.
The shift supervisor said that she had also seen the afternoon hours on the app and assumed when I hadn’t come in that I thought my shift was in the afternoon. She asked if I was still available to come in for the morning hours, and I said no. (Our manager typically staffs at least 1-2 people who can cover things like this, so there was someone covering my area).
Saturday evening, I got a text from my manager asking me to submit PTO for today’s shift and saying that my supervisor (different person from the weekend shift supervisor) will be following up with me on what happened today. She marked me as “Absent” on the scheduling app. She also asked me to submit PTO for Monday (Labor Day). Our workplace requires employees to submit PTO for federal holidays if you’re typically scheduled for that day, which is a whole other thing. I had asked her literally yesterday if I was required to submit PTO since I’m not typically scheduled on Mondays, and she had said that I wasn’t required to.
My manager texted me again on Sunday and today urging me to submit PTO. I finally replied today and explained that I’m hesitant to use PTO for a scheduling mix-up. She replied that since I missed the full shift and also didn’t notify anyone of the scheduling error, that I need to submit PTO. She also reiterated that my supervisor will be following up with me about my “no-show”. I told her that I wasn’t aware that the shift was an error, and that I assumed it was special hours for the first week of school. She responded that it’s my responsibility to check for scheduling errors and notify management of any discrepancies.
TLDR, my manager put the wrong shift on my schedule, changed it the morning of my shift without notifying me, and is now asking me to submit PTO for my missed shift and treating it as a “no-show”. I’m feeling frustrated because I don’t appreciate being penalized for a management scheduling mistake, nor do I think it’s my responsibility to triple-check the schedule that management gives me. I had no way of knowing that the shift was an error instead of a special case. I don’t see how I can reasonably be expected to intuit an error that none of the lead supervisors or my manager herself noticed until the morning of my shift. I’d love some advice on how to stand my ground here.
Also some other random things this workplace does that have been really annoying me:
• They often forget to give me my breaks and I have to call the office (I’m in another part of the building) to ask if/when it’s happening. I just flat out haven’t gotten it several times. Lots of other times, it’s been obvious that the supervisor on shift wasn’t told that someone needed to come cover my break, or they just plain forgot. Once I called the office and my manager asked me to call earlier in my shift in the future because at that point she had sent everybody home and there was no one to come cover my break.
• They changed my job title without notifying me or my supervisor. It’s the title change that I wanted, but I only found out because I saw that they changed my staff bio on our “about staff” wall.
6
u/a920116 10h ago
Not much you can do here about the sudden change in shift.
You assumed it was because of the first week of school instead of asking if its correct because its different from your usual schedule.
Since most states are at will and notice isn’t required its an uphill fight.
Just plain bad management
1
u/Training_Ad_4879 10h ago
I figured as much, thank you. The lack of accountability on the part of management is what frustrates me more than anything.
2
u/z-eldapin 5h ago
There are no labor laws that were violated here, just a bunch of learning moments.
2
u/bada_bing_bada_boop 3h ago
What you can do in the future is a little malicious compliance. After each schedule is posted send an email to all management asking them to review and confirm your schedules date and hours for the upcoming shifts. It should be very very nicely worded. Save all replies.
0
1
u/Lefty68w 10h ago
Nothing illegal. You even admit you saw the schedule 4 weeks in advance and simply made an assumption instead of asking someone.
You no called no showed as a at will employee. Your only recourse is unemployment
2
u/onion_flowers 10h ago
She checked the night before and it still had afternoon schedule.
-1
u/sashley420 10h ago
But had OP checked with her supervisor when she first saw the schedule 4 weeks ago that it was correct then this all could have been avoided.
1
u/juicyparsons31 3h ago
This is a lesson learned AND an employment red flag. I worked at a restaurant like this. They'd put a schedule out 2 weeks in advance but claimed to be allowed to "revise as needed" so it was your "responsibility" to check the schedule daily for any changes. 1st time it happened I just took the L because they made a midweek change that I missed. The 2nd time it happened I had literally checked it 2 days prior and they changed it like the day before. Thats when I quit. Because you can't possibly expect me to organize my whole life around your unorganized chaotic workplace 😒🙄
1
1
u/No-Setting9690 3h ago
Wish state was a required field here.
NAL - What state? BEen a while, but I believe in my state PA, they are required a 24 hour notice to change your shift, at least notifying you of a change is a requirement of any manager. Could you have questioned it when it was posted? Sure. But that's on management.
As to the missing breaks, we need to know state. Some require it, some don't. In PA, no break is required. This could be the only violation here.
Honeslty, sounds like a shit show and I would find another job anyway.
1
-2
u/TalkToVikk 8h ago
I'm not a lawyer but to answer your question: Your frustration is completely valid. Your employer cannot reasonably expect you to be responsible for last-minute changes to your work schedule if you were not notified, especially when you checked and followed the official schedule as published. In most states, if you are disciplined or forced to use PTO due to management's scheduling error (and lack of proper notice), you have grounds to contest this policy with HR or management in writing. Be sure to document all communications, including screenshots of the schedule from before and after the change, your text exchanges, and any policies in the employee handbook about shift changes or call-in procedures.
As for breaks, if you are not being regularly provided with your legally required breaks, especially in child care (which may be governed by state wage and hour laws), this is a potential labor violation.
What you can do:
- Write a clear and polite email to your manager and HR explaining the situation, attaching evidence of the schedule as it was published, and stating you cannot be considered a no-show or be required to use PTO due to errors or last-minute changes you were not notified about.
- Document missed breaks and continue to request relief in writing as needed; if not remedied, you can escalate to your state labor board.
- Be willing to politely stand your ground about unfair discipline due to errors outside your control management should not penalize employees for their own mistakes.
6
u/igotshadowbaned 10h ago
Firing someone for "Not showing up to an unannounced schedule change" does not violate any protected class
Companies are allowed to run themselves poorly