Can my boss cut my hours for calling in sick one day?

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Can my boss cut my hours for calling in sick one day?

I’ve worked for this employer for 13 years and have only called in sick a

handful of times and only because I needed to. A couple days ago, my boss

told me he didn’t schedule me this week because I had called in last Saturday

even though I followed protocol and called 2 hours before my scheduled shift when I usually work 30 to 40 hours a week consistently. Would this be

considered retaliation for my calling in? What can I do in this situation?

Asked on September 16, 2018 under Employment Labor Law, California

Answers:

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

Answered 2 years ago | Contributor

Retaliation occurs when an employer punishes an employee for filing a discrimination claim. So retaliation does not apply to your situation. However, if you had PTO (i.e. sick or vacation time) and used it, then you should not have been disciplined for doing so and can file a complaint with your state's depatment of labor. Connversely, if you had no such time then you could have been disciplined, unless you have an employment contract or union agreemnt to the contrary.

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

Answered 2 years ago | Contributor

Retaliation occurs when an employer punishes an employee for filing a discrimination claim. So retaliation does not apply to your situation. However, if you had PTO (i.e. sick or vacation time) and used it, then you should not have been disciplined for doing so and can file a complaint with your state's depatment of labor. Connversely, if you had no such time then you could have been disciplined, unless you have an employment contract or union agreemnt to the contrary. 


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