Can my employer make me work when I have court order visitations with my child?

I have my son every other weekend from Friday at 5 pm until Sunday at 5 pm and

every other Wednesday from 4 to 8. However, my employer is making me work the

weekends that I have my child and I am only part-time. What can I do? Do I have to bring in my court papers and show them?

Asked on February 25, 2016 under Employment Labor Law, New York


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

Answered 4 years ago | Contributor

Unfortunately, it can. The fact is that your employer is not bound by your legal visitation times. The fact is that an "at will" employmer can set the conditions of the workplace much as it sees fit. This includes when to schedule an employee to work. For their part, an employee can either comply with their schedule, complain and risk termination or quit. The only exceptions are if this action violates a union agreement or employment contract, or if it constitutes some form of legal discrimination.

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 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.