Work scheduling changes are annoying, especially when they come out of the blue. Although employers have broad authority to set workers’ hours – and to make changes to those hours – they cannot do so in order to punish employees for speaking up on the job.
If your employer keeps changing your schedule after you have raised concerns, this may be unlawful workplace retaliation. It is vital that you understand your legal rights and protections, as well as your options for fighting back.
At Justice Law Corporation, our Washington wrongful termination lawyers help people who have been punished by their employers for exercising their rights on the job. We are seasoned employment attorneys who have dedicated our careers to assisting working people across the state. Our track record of success includes resolving claims through negotiated settlement and in court.
Some scheduling changes at first may seem like minor aggravations. Repeated disruptions, reduced hours, or undesirable assignments, however, can have a major impact on how much money you make, your career prospects, and even your family life.
To be clear, not every schedule change is illegal. Understanding the difference between ordinary scheduling decisions and retaliatory conduct can help you protect your rights. Here is what you need to know.
Workplace Retaliation is Illegal
Employers generally have the power to manage their workforces as they see fit. That includes making decisions about scheduling and hours. What employers cannot do, however, is use that power to punish workers who engage in protected activity.
Workers across Washington have significant rights to speak up about workplace safety, equal pay, wages and hours, and other issues. Some of the most common examples of protected activity include:
- Reporting discrimination or harassment
- Complaining about unpaid wages or overtime
- Discussing wages with coworkers
- Reporting workplace safety concerns
- Requesting medical leave or accommodations
- Participating in a workplace investigation
- Reporting illegal conduct
- Filing a complaint with a government agency
- Supporting another employee’s complaint
Workers are protected even if the conduct about which they complained turns out to be lawful, or if the complaint cannot be proved. As long as you reasonably believed you were acting in a protected way and your employer took a retaliatory action, you may be legally shielded from retaliation.
Firing is a form of retaliation, but it is just one way in which employers may unlawfully punish workers for engaging in protected activity. Federal and state laws in Washington prohibit a broad span of adverse employment actions that would discourage a reasonable employee from speaking up. These are some of the most common:
- Termination
- Demotion
- Denial of promotion
- Pay cuts
- Reducing hours
- Changing schedules
- Disciplinary actions or write-ups
That is right: cutting or even just changing an employee’s hours for raising concerns can qualify as unlawful retaliation. It can have a real and immediate impact by reducing a person’s income and affecting their eligibility for benefits and opportunities for advancement.
Retaliatory Scheduling Changes
Some employers may use scheduling changes as payback against workers who speak up on the job because they think it is more subtle than firing employees outright. Yet, anyone who has had their work schedule abruptly changed may already understand the negative impact that these moves can have.
Retaliation via scheduling happens in a number of different ways, including:
- Reducing hours
- Moving to less desirable shifts
- Eliminating regular shifts
- Constantly changing schedules to create hardship
- Assigning “clopening” (closing late and opening early) shifts
- Taking away overtime opportunities
- Scheduling someone outside their availability in response to complaints
- Assigning split shifts or inconsistent schedules
- Moving away from preferred days or customers
- Giving an employee fewer shifts than coworkers
It is important to understand that retaliation through scheduling changes does not always result in a loss of hours. Instead, your employer may try to pressure you into quitting by making your working conditions difficult. That includes by constantly making last-minute changes, assigning inconvenient overnight or weekend shifts, or otherwise disrupting childcare arrangements.
If your employer does slash your hours, this may be a first step toward disciplinary action, demotion, or even termination. If the company later decides to lay off employees, reduced hours may make you more likely to be let go. That is one reason it is crucial to take action if your hours are cut as retaliation, even if you are already looking for another job.
How to Prove Retaliation
Employers rarely admit that they are retaliating against their workers. Rather, they often try to hide behind “business reasons” or “performance issues” to justify the punishments. In order to prove a retaliation claim, you have to be able to show that the given reason for the scheduling changes is pretextual.
Helpful evidence may include:
- Copies of schedules
- Emails
- Text messages
- Witness statements
- Performance evaluations
- HR reports
- Written complaints
- Slack or Teams messages
- Meeting notes
Timing is often crucial in retaliation cases. If your employer suddenly changes your schedule shortly after you complained about something, that may support a retaliation claim.
Take, for instance, a restaurant server who reports sexual harassment to HR. Within days, the employee loses weekend shifts, which typically generate the highest earnings, and is repeatedly assigned closing shifts despite having previously worked mornings. This kind of pattern suggests unlawful retaliation.
Our Washington Wrongful Termination Lawyers Can Help
If you believe that you are being discriminated against on the job, whether it is by being passed over for a position, underpaid in your role, or in other terms and conditions, you do not need to go it alone. A Washington wrongful termination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Seattle. Contact us at 360.207.0000 to schedule a free consultation with a Washington wrongful termination lawyer.
