What are my rights if my boss told me that it would be in my best interest not to come into work this week due to a personal issue she has with me which has nothing due to my work or my performance?

Asked on October 17, 2015 under Employment Labor Law, West Virginia

Answers:

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

Answered 5 years ago | Contributor

The fact is that most employment relationships are "at will". This means that an employer can hire and fire and generally set the terms and conditions of the workplace much as they see fit. That is unless such action violates the terms of company policy, a union or collective bargaining agreement or an employment contract. Also, it must not constitute some form of actionable discrimination or retaliation. Absent the foregoing, I'm afraid that while unfair, your boss's action does not violate the law.


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