Can an employer do a shutdown for a weak and let some of his employees off but demand that some of the other employees work?

Asked on June 16, 2017 under Employment Labor Law, Ohio

Answers:

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

Answered 3 years ago | Contributor

Unless this action violates the terms of an employment contract or union agreement, it is legal. The fact is that most employment is "at will" which means that a business can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). Accordingly, during a shutdown week, a company can let some employees off but require others to report to work.

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

Answered 3 years ago | Contributor

Unless this action violates the terms of an employment contract or union agreement, it is legal. The fact is that most employment is "at will" which means that a business can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). Accordingly, during a shutdown week, a company can let some employees off but require others to report to work.


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