Is it legal for an employer to demote an employee from full-time to part-time with loss of wages, vacation and holiday pay with no warning just for calling in 3 times?

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Is it legal for an employer to demote an employee from full-time to part-time with loss of wages, vacation and holiday pay with no warning just for calling in 3 times?

Asked on July 14, 2015 under Employment Labor Law, Wisconsin

Answers:

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

Answered 6 years ago | Contributor

Unless this treatment stems from some form of actionable discrimination or violates the terms of a contract (union, employment, company handbook, etc), then it is perfectly legal. The fact is that most employment relationships are what is know as "at will". Accordingly, an employer is free to set the terms and condtions of employment much as it sees fit. This includes increasing/decreasing wages/hours/benefits with or without notice. Further an employer can do so for the reason of calling out, or for any reason, or for no reason at all.


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