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Can my employer change the times and days that I work without my permission?

Can my employer change the times and days that I work without my permission?

Q: What is the past practice principle?

The past practice principle refers to the idea that established patterns of behavior, accepted by both the employer and employees, can influence workplace rules and agreements. If a practice has been followed consistently and without objection, it may be considered binding, even if not formally documented in a contract.

Q: Does past practice supersede contract language?

Past practice can sometimes supersede contract language if it demonstrates a consistent and accepted behavior that contradicts the written terms. However, this depends on the specific circumstances and the nature of the contract. Courts may consider past practice when interpreting ambiguous contract terms.

Q: Is past practice legally binding?

Past practice can be legally binding if it meets certain criteria, such as consistency, mutual acceptance, and a clear understanding by both parties. However, its enforceability may vary based on company policies and applicable labor laws. Consulting with a legal expert can clarify your specific situation.

Full question:

For the past six years, I have been schedule to work a 5am to 1:30pm shift. It was agreed upon when I transfer to another department. I feel there is a past practice law being broken, this was the agreement with my boss and my manager. Now I am told I can't work this anymore. Also, I was given off Tue. and Sat. for my apprenticeship job which is also in this agreement. Do I have any rights to keep my days off and time schedule the same? Does the past practice law apply here?

Category: Employment
Date: 04/07/2025
State: Pennsylvania

Answer:

Please see the information at the following link:

http://definitions.uslegal.com/p/past-practice/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What makes something past practice?

Past practice is established when an employer and employees consistently follow a specific pattern of behavior over time. This includes regular scheduling, days off, or other work conditions that both parties accept as standard. To qualify as past practice, the behavior must be clear, consistent, and long-standing, showing mutual agreement without formal documentation.

How to prove past practice?

To prove past practice, gather evidence showing a consistent pattern of behavior over time. This can include schedules, emails, or witness statements that demonstrate the agreed-upon practices. Documentation of any discussions or agreements with management can also support your claim. Consistency and mutual acceptance are key elements.

What is the past practice principle?

Does past practice supersede contract language?

Is past practice legally binding?

What is consistent with past practice?

Consistency with past practice means following established patterns of behavior that have been accepted over time. This includes maintaining similar work schedules, days off, or other working conditions that both the employer and employees have recognized as standard. Deviating from these practices without mutual agreement may raise legal concerns.