Can I take legal action?

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Can I take legal action?

My regional manager has reached out to
me several times asking me to complete
tasks while I am on PTO he approved.
Also, he called me while on PTO and is
threatening to give me disciplinary
action reason being my point of contact
I left in charge sent out an email to
wrong recipients. Is he able to do
that? I have text messages,emails and
our conversation is recorded of him
threatening to give me disciplinary
action.

Asked on December 15, 2016 under Employment Labor Law, California

Answers:

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

Answered 4 years ago | Contributor

A company can generally set the terms of employment much as it sees fit. This includes contacting a worker while they are on PTO. The fact is that such time is not legally required to be given, so to the extent that it is provided, an employer has a great deal of say over the conditions of its use. That having been said, if you are a non-exempt employee, then you should be paid for any time you did spend working and being on the phone with your general manager counts as working. So if you spent an hour on the phone, you should be paid for that hour.As for your being disciplined, a worker can be disciplined (or even terminated) for any reason or no reason at all. This is true so long as no form of legally actionable discrimination is the reason and so long as such action does not violate the terms of any applicable union agreement or employment contract.


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