If I was a no call, no show 4 days due to being in jail in another state, can my employer demand to see proof of my being there or I will be fired?

I don’t want them to have it; that’s my personal business. Am I wrong?

Asked on September 22, 2016 under Employment Labor Law, South Dakota


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

Answered 4 years ago | Contributor

Yes, your employer can ask for these records. Of course, you have the right to decline but you then run the risk of being terminated. The fact is that in an "at will" work relationship, a company can set the conditions of employment much as it sees fit. The only limitations on this would be if your treatment constitutes some form of legally actionable discrimination. Also, your company's actions cannot violate the terms of any exisiting employment contract or union agreement.

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