Can my employer force me to work during my court order visitation?

UPDATED: Oct 1, 2022

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Can my employer force me to work during my court order visitation?

I am order to pick up my children every other weekend this is the only time I get to see my children. I have brought the court documentation in and they are forcing me to work during these times. If I am unable to pick up my children and spend time with them as ordered then I will be in contempt. Is there anything I can do about this?

Asked on September 21, 2017 under Employment Labor Law, Ohio


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

Answered 5 years ago | Contributor

The fact is that an employer is not bound by court orders to which it is not a party. Accordingly, it can require its employees to work when it deems appropriate. The fact is that most work relationships are "at will". This means that absent some form of legally actionable discrimination or an employment contract/union agreement to the contrary, a business can set the conditions of employment 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 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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