Can I take legal action?

UPDATED: Sep 30, 2022

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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

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


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

Answered 5 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.

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 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.

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