Can my boss cut my hours for calling in sick one day?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my boss cut my hours for calling in sick one day?

I’ve worked for this employer for 13 years and have only called in sick a

handful of times and only because I needed to. A couple days ago, my boss

told me he didn’t schedule me this week because I had called in last Saturday

even though I followed protocol and called 2 hours before my scheduled shift when I usually work 30 to 40 hours a week consistently. Would this be

considered retaliation for my calling in? What can I do in this situation?

Asked on September 16, 2018 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Retaliation occurs when an employer punishes an employee for filing a discrimination claim. So retaliation does not apply to your situation. However, if you had PTO (i.e. sick or vacation time) and used it, then you should not have been disciplined for doing so and can file a complaint with your state's depatment of labor. Connversely, if you had no such time then you could have been disciplined, unless you have an employment contract or union agreemnt to the contrary.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Retaliation occurs when an employer punishes an employee for filing a discrimination claim. So retaliation does not apply to your situation. However, if you had PTO (i.e. sick or vacation time) and used it, then you should not have been disciplined for doing so and can file a complaint with your state's depatment of labor. Connversely, if you had no such time then you could have been disciplined, unless you have an employment contract or union agreemnt to the contrary. 


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