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

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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 5 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 5 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.


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