Can an employer force you to take 1 week off unscheduled when the employee has never had any disciplinary actions or warnings?

I was told today I need to take next week off. When I was questioned if it was without pay. I then asked if I could at least use 1 of my 3 weeks of vacation and the response was I guess. I work as an admin and know the company is not sitting in a good place. Quite honestly it appears from this side, that they will most likely close at the end of the year or have to reorganize. I have been actively looking for new employment and plan on pursuing when an offer comes through.

Asked on November 9, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Do you have an employment contract of some kind (including a union agreement)? If you do, its terms (if any) in regard to furloughs, suspensions, etc. must be followed.

Without an employment contract, however, your employer could fire at any time, for any reason, without warning, so long as they not discriminating (against race, religion, sex, age over 40, or disability) or not retaliating for bringing certain claims (e.g. worker's comp) or using certain benefits (e.g. FMLA leave).

Since they could fire you at any time, they could do something less than or short of firing you at any time, at will--such as making you take a week off.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Do you have an employment contract of some kind (including a union agreement)? If you do, its terms (if any) in regard to furloughs, suspensions, etc. must be followed.

Without an employment contract, however, your employer could fire at any time, for any reason, without warning, so long as they not discriminating (against race, religion, sex, age over 40, or disability) or not retaliating for bringing certain claims (e.g. worker's comp) or using certain benefits (e.g. FMLA leave).

Since they could fire you at any time, they could do something less than or short of firing you at any time, at will--such as making you take a week off.


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