Admitting to keeping employee on the clock while sick to get back at them.

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Admitting to keeping employee on the clock while sick to get back at them.

My fianc was sick the other day and asked her fellow manager if should could leave early if it were slow at the restaurant. The manager said ‘Remember when I call you because I was sick and need someone to cover and you didn’t? If I can I’ll let you go home.’ My fianc could not cover because we had appointments for wedding planning. My fianc did not get to go home. The next day the manager admitted to a manager in training that she did not let my fianc go home just to get my fianc back for not being able to cover for her when she was sick. Is that legal?

Asked on July 8, 2016 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless your fiance tried to use a sick day or other paid time off (PTO) day that she had earned and was refused, this is legal: if you are not using an earned PTO day, the employer does not need to let you leave early, even if it is slow or you are sick. Furthermore, the employer can do this because she is angry at the employee for not covering when the manager was sick: the law does not prevent "retaliation" for this reason, and a manager can make work decisions based on personal feelings.


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