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New schedule legal, barring contract or illegal reason

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in Employment Law,Human Resources

Q. Our company of 15 employees manufactures labels in California. We have an employee who we want to move from the day shift to the swing shift. Although this employee has the most seniority, he has the least experience with the presses we run during the day. When we told the employee of our plans, he said that moving him would be illegal. Is he correct? We are worried that if we move him and he quits, it won't be the last time that we hear from him. —T.R., California

A. Unless there's a union contract that prohibits the company from making schedule changes, the proposed change is not automatically illegal. In most states, an employer is free to make schedule changes unless the change violates a contractual agreement or the change is made for unlawful reasons such as discrimination or retaliation.

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