Can my manager keep a list of call outs?

UPDATED: Sep 30, 2022

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Can my manager keep a list of call outs?

My manager has a list of employees who have called out complete with the reasons
they called out. Some are in detail, and the list is posted in the management
office where employees go to hand in money at the end of each shift.

Asked on October 25, 2016 under Employment Labor Law, New Jersey


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

Answered 6 years ago | Contributor

In the workplace, there is a lesser expectation of privacy. The fact is that while unprofessional, this action is not illegal. In other words, it is perfectly permissable under the law. The fact is that most employment relationships are what is known as "at will". This means that a company can set the conditions of employment much as it sees fit. This includes posting a list of call-outs and the reasons why. Accordingly, unless this action violates the terms of an employment contract or union agreement, or constitutes some form of legally actionable discrimination, you have no recourse here. That having been said, check to see if company policy is being breached by this action.

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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