Can my employer refuse to put me on work schedule because I will not sign a write up until talk to the company owner about the complaint?

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Can my employer refuse to put me on work schedule because I will not sign a write up until talk to the company owner about the complaint?

Asked on December 4, 2011 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends on the complaint. An employer is forbidden to retaliate against workers (which includes not scheduling them for work) if the employee is filing certain specific protected complaints, such as about not being paid overtime, being discriminated against on the basis of race, sex, religion, age over 40, or disability, or not being allowed to take FMLA leave. However, apart from those specifically defined complaints, where an employer cannot take negative action against an employee in the context of them or for bringing them, an employer is free to discipline employees more or less at will. So if, for example, you are complaining about a manager you do not like, there is no protection for that, and the employer can refuse to schedule you unless you do what the employer wants.


For a more definitive answer, repost your question with additional detail about the complaint.


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