Can an employer legally force employee to use EAP

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employer legally force employee to use EAP

HR manager stated to said employee that employer may have to get legal involved if employee did not contact the EAP program Is this legal? could this be viewed as a veiled threat?

Asked on January 17, 2018 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It doesn't have to be a "veiled" threat--it may be an explicit or overt threat and it would still be legal. Unless you have a written employment contract guarantying your employment, you are an employee at will. As an employee at will, your employer may terminate (or anything less than termination, such as suspend, demote, reduce hours or pay, etc.) you at any time, for any reason--including a refusal to use the employee assistance program. If you do not comply with your employer's request, they may take employment action against you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. 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. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption