Can my boss shut the office down when he wants and force me to use my PTO?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my boss shut the office down when he wants and force me to use my PTO?

My boss has recently implemented a new
policy where hes hired a virtual office to handle
the phone calls when hes out of the office
traveling for business and says that I wont
work those days. Ive been basically forced to
use my PTO and vacation time to make up for
the lost wages. Hes only given 2 weeks notice
of closing the office on whatever day he feels
like and is only requiring me to take the days
off without pay, which has forced me to use my
PTO and vacation time that I had left for the
year. Yet, he allows another employee to be in
the office and work those days while being
paid. Is this legal?

Asked on September 27, 2018 under Employment Labor Law, California

Answers:

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

Answered 2 years ago | Contributor

First of all, absent some form of legally actionable discrimination, not all employees need be treated the same or even fairly. So unless the differing treatment between and your co-worker is based on your race, religion, gender, age (over 40), nationaliy or disability, no law has been broken. As for your having to use you PTO to cover your time off, that is your choice to use this time in this way. Further, even if your company required that you use such time to cover your days off, that would be legal since PTO is not legally mandated so the extent that it is provided by an employer, they have a great deal of say over when and how it is used. Accordingly, unless there exists a union agreement or employment contract to the contrary, your company can set the conditions of the workplace much as it sees fit.

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

Answered 2 years ago | Contributor

First of all, absent some form of legally actionable discrimination, not all employees need be treated the same or even fairly. So unless the differing treatment between and your co-worker is based on your race, religion, gender, age (over 40), nationaliy or disability, no law has been broken. As for your having to use you PTO to cover your time off, that is your choice to use this time in this way. Further, even if your company required that you use such time to cover your days off, that would be legal since PTO is not legally mandated so the extent that it is provided by an employer, they have a great deal of say over when and how it is used. Accordingly, unless there exists a union agreement or employment contract to the contrary, your company can set the conditions of the workplace much as it sees fit.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption