You can refuse a change of shift, but he can fire you for the refusal, and it will be a legal firing. The fact is that an employer can set the terms and conditions of employment much as it sees fit (subject to the foregoing). Coming home after a night shift and devouring a big, fat doughnut and polishing off a can of coke or beer may seem appealing, but your guts need to work really hard to digest this while you sleep. I work nights and days. I am an exempt employee and work where many, many hours have now become the standard. See: {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Can my employer force me to work night shift? Can an employer force you to work off shift? I get excellent evaluations, exemplary and proficient. The fact is that an employer can set the terms and conditions of employment much as it sees fit (subject to the foregoing). Laws may vary from state to state, and sometimes change. Question Details: I was hired 4 years ago as night LNA and eventually was hired to work days. However, if none of the foregoing applies top yuor situation if not I'm afraid that you must either make the move or face possible termination. For example, the company may be adding a shift and need that particular person's expertise on that shift. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. They then told me if a day shift becomes available, I will not automatically get it. However, if you don't agree to such a  change your employer can terminate you (and without notice). I am pharmacist and I was hired on last year for the day shift. If so, you have protection here. If a doctor tells you that you have health problems caused by night work, your employer must transfer you to daytime work - if this is possible. Quotes and offers are not binding, nor a guarantee of coverage. How to Deal With an Employee Who Does Not Want to Change Shifts. While your treatment is seemingly unfair, it is legal. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. And for their part, an employee can choose to work for an employer or not. 4. (2.) Flexibility. If you have worked for the same employer for at least 12 months, you must be given vacation time and pay even if you don’t work full time. However, if the employer makes a significant change to your work schedule without your agreement, such as requiring you to regularly work evenings and weekends, this may trigger a constructive dismissal. I am being told that I have to go down to night shift because they are short staffed and I have the least seniority. Even so, any changed period must be at least seven (7) hours long and it must include midnight (24:00) to 5 am (05:00). Employers who take this approach upset staff and damage their companies’ reputations. Unless you have a contract that states 8 AM to 5 PM, then your hours are whatever you and your employer agree to. This includes mandating the rules and regulations regarding a shift change. If you disagree with this your are free to quit. Do you have an union agreement or employment contract that prohibits this? It does not matter if you only work a full shift or only 30 minutes during this period. For last 2 months I been working night shift and my boss did not even ask me. Does this move violate existing company policy? However, if you don't agree to such a  change your employer can terminate you (and without notice). Can a employer deduct from your hourly wage every time you are late for work? {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Can an employer force an employee to go from a day shift position to a night position? Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be Neither an employer nor an employee can change a contracts terms without the other party's consent. Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. All legal content, insurance rates, products, and services are presented without warranty and guarantee. Is there any legal step that I can take or can I contact HR? You likely don’t have recourse. The suggestion that an employer may force someone to work nights is certainly worrying. Employers and their employees must agree to any changes in the night period in writing. Your best bet now is to speak with HR and see what, if anything, you can work out regarding your scheduled hours. I believe night shift can harm a person body. 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