A new work schedule and the pitfalls of “at-will” employment

Q: In December, our company owner told us there may be changes in our hours and shifts and that he was “figuring it all out” but that our preferences would be heard. Each of us met with him and explained our preferred hours. Last week he sat down with us and told us that as of February 1st our hours would be changing. I currently work 8am to 5pm, which are what I would like to work. I was told that twice per week, I would now need to work until 7pm. Is this legal in Massachusetts? Can an employer just change an employee’s hours to suit their needs with very little warning?

A: In Massachusetts, most employees are “at-will.” This term means that an employee is not a member of a union or protected by a collective bargaining agreement. For non-unionized employees, employers are permitted to change many of the terms and conditions of an employee’s position. For example, an employee may be asked to take on a new task. Or an employer may move from Boston to Needham. A change in hours can be changed by an employer and it is usually legal. Minors have some protection against the hours they can work legally but these restrictions end when an employee turns 18 years old.

I would ask your owner if there is any flexibility in the requirement to work until 7 p.m. twice per week. Maybe it is just for a short time? Or maybe another employee would like to take on this schedule? Many of us are working longer hours, sometimes not by choice. If no alternative exists, I would try it for a while, if possible. Maybe traffic will be lighter and your commute might be quicker? If the later shift does not work for you, you may need to consider other employment options. For example, if you have a childcare pick up at 5:30 p.m., you may not be able to try a later schedule.

I probably have not shared the answer you were hoping to receive. However, it may be worth approaching the business owner, in a respectful way, to determine if there are any other options available.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

At-Will Phrase in Offer Letter

Q: I just received a job offer. How wonderful right? Not so wonderful. Well some of it is good. The company is great, exactly where I want to be regarding both location and industry. Compensation is good. Benefits information looks competitive! However, they have this line in there that is really bothersome to me! The sentence says that my employment is "at-will and either party can terminate your employment relationships at any time, with or without notice." Does this mean I am going to leave my job only to be at risk for being fired at any time and on a whim? I am too afraid to ask the recruiter about this sentence!

A: I understand your concern! Most employees in the US are working in an "at-will" employment arrangement. Although the phrase may sound ominous, it common language in the world of employment experts. In lay person's terms, it means you can leave this role at any time and yes, they (or your employer) can terminate your employment relationship at any time. Most US workers are "at-will" and not members of a union and do not have an employment contract in place. Exceptions to "at-will" employment are generally found with teachers, nurses, police officers and firefighters.

I consulted Jeffrey A. Dretler, a partner with Fisher and Phillips. Dretler explains, "Even in at-will employment situations, an employer is prohibited from terminating an employee’s employment or taking other adverse action that is motivated by illegal reasons, such as the employee’s membership in a “protected class” (e.g., age, race, color, gender, disability) or because the employee engaged in some sort of protected activity, like 'blowing the whistle' on illegal or improper activity."

Do not let wording concern you. When I work with clients, I often encourage this same type of language be included in their offer letters. It sounds like a competitive offer worth further consideration!

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section. Click here to read about more employment topics in The Job Doc Blog at Boston.com.

At-will with no strings attached

What does "at-will" mean? Read on.