Can an on-call employee be written up for not coming in when called?

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Can an on-call employee be written up for not coming in when called?

We have a full service spa and our hair stylist is on the schedule as “on call”. If a client comes in we call her and she comes in (she is compensated). If she refuses to come in when called, can she be written up for attendance?

Asked on January 6, 2012 under Employment Labor Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, if coming in when called is part of the job--that is, you've made it a term or condition of employment--then when an employee does not come in, you could write her up. You also suspend or fire her, unless she has an employment contract protecting her employment.


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