What to do if I mistakenly thought that my place of work was closed for a holiday and I took off?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I mistakenly thought that my place of work was closed for a holiday and I took off?

I worked at a company through an agency. Since I started, their numbers improved, my work and accuracy was praised, they introduced me to higher-ups, etc. On Veteran’s Day, I didn’t go to work as every company where I had previously worked had Veteran’s Day off. The next day, I went into work at 4:00 am a Tuesday I did payroll, and every Monday I would go in at 4am instead of 7:30 am to finish certified payroll. Being I didn’t work the day before on a holiday, I figured the Tuesday was treated like a Monday. Once I got to work, upon certain details like emails, timecards, etc., I found to my horror that there actually was work the previous day. I had never been provided a company holiday list and this was the only place I had ever worked that didn’t have Veteran’s Day off. You would have thought that by the fact I came in at 4am, it was clearly an accident I had never had issues with tardiness or punctuality at all before, issues with my work or any other issues. And of course, I would never just

Asked on January 7, 2019 under Employment Labor Law, California

Answers:

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

Answered 5 years ago | Contributor

You have no claim here unless your treatment violated the terms of an employment contract or union agreement. The fact is that most work relationships are "at will". Accordingly, a company can set the conditions of work much as it sees fit. This means that you could have been terminated for any reason or no reason at all. Further, a for not being "officially" terminated, you did not need to be given a written notice of dismissal, not scheduling you for any work was enough.

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

Answered 5 years ago | Contributor

You have no claim here unless your treatment violated the terms of an employment contract or union agreement. The fact is that most work relationships are "at will". Accordingly, a company can set the conditions of work much as it sees fit. This means that you could have been terminated for any reason or no reason at all. Further, a for not being "officially" terminated, you did not need to be given a written notice of dismissal, not scheduling you for any work was enough. 


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