Can an employer hold it against you if you can’t make it to work due to severe winter weather conditions, when a state of emergency is called?
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Can an employer hold it against you if you can’t make it to work due to severe winter weather conditions, when a state of emergency is called?
Asked on October 20, 2015 under Employment Labor Law, Tennessee
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
When it comes to an employee who commutes (versus an employee who drives as part of their job such as a delivery driver), unless the employer agrees the weather is too bad for employees to attempt the drive, an employee can be fired for not finding a way to make it into the workplace. While unfair, it is the law.
The fact is that most employment relationships are what is known as "at will". This means that an employer can set the terms and conditions of the workplace much as it sees fit. For thier part, an employee can either comply with their employers mandate, quit or risk termination.
Theo only exceptions are if the employee has protection under company policy, a union agreement or employment contract. Aslo, your treatment must not be due to dactionable iscrimination or retaliation.
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