Can my employer text me and tell me not to come in tomorrow because a fellow employee is working and we don’t get along?

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Can my employer text me and tell me not to come in tomorrow because a fellow employee is working and we don’t get along?

Asked on January 6, 2012 under Employment Labor Law, New York

Answers:

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

Answered 9 years ago | Contributor

Your employer can tell you this or just about anything else. The reason is that in an "at will" employment relationship an employer can set the terms and conditions of the workplace much as it deems fit; this includes whenor if an employee should come into work. In turn, an employee can choose to work for an employer or not.

Exceptions to the above would be if this action violated the terms of existing company policy, a union agreement or an employment contract. Also, your treatment must not have been due to some form of actionable discrimination.


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