Is it legal to discpline someone for not answering a call out?

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Is it legal to discpline someone for not answering a call out?

I was wondering if it is legal to discipline an employee for not answering an established call out? Looking at the employee handbook, there is no mention that the staff in question will need to be on-call nor does it have any provision for it except for a separate part of the business. So if someone is called out and they do not answer, can they be disciplined if it is not mentioned in the handbook?

Asked on September 10, 2018 under Employment Labor Law, Texas

Answers:

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

Answered 3 years ago | Contributor

An employee handbook just lays out guidelines for both the company and workers. However, the employer can still set the conditions of the worklace much as it sees fit, absent some form of legally actionable discrimination. That is unless the terms of an employment ocntrct or union agreement provide otherwise. This means that a worker can be disciplined for the reason cited or for any reason, with or withut notice.This is known as "at will" employment.

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

Answered 3 years ago | Contributor

An employee handbook just lays out guidelines for both the company and workers. However, the employer can still set the conditions of the worklace much as it sees fit, absent some form of legally actionable discrimination. That is unless the terms of an employment ocntrct or union agreement provide otherwise. This means that a worker can be disciplined for the reason cited or for any reason, with or withut notice.This is known as "at will" employment.


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