What personal information is an employer entitled to regarding scheduling and days off?

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What personal information is an employer entitled to regarding scheduling and days off?

As an “at-will” employee for a large IT company, my manager routinely solicites “weekend availability” status information. We don’t use a published “On-Call” schedule. Availability is “implied” to be “always available (24×7)”, unless explicity stated as being “unavailable”. When we specify “unavailable” we are required to give details. Does my manager/employeer have any legal basis or right to this information? I believe it is a violation of my personal privacy to have to share my non-work activities and schedule with my employer?

Asked on April 29, 2011 under Employment Labor Law, New York

Answers:

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

Answered 9 years ago | Contributor

An employer can ask just about anything it wants in an at-will employment situation.  And an employee can decline to supply such information.  Just know that if you do this, it could cost you your job.  The fact is that an employer can hire/fire an employee for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as it sees fit.  The exceptions to this would be if this situation violates company policy or has arisen due to some type of workplace discrimination (that is for reasons of reasons of race, religion, age, disability, sex, national origin, etc).

Note:  If you had a union/employment agreement to the contrary you would have legal protection.


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