Is it legal for my employer to suspend me for refusing to clock back in after I have completed my shift for the day?
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Is it legal for my employer to suspend me for refusing to clock back in after I have completed my shift for the day?
I completed my shift and clocked out. My manager told me to clock back in and work some more. I refused to clock-in.I completed my obligation to the shift as a part-time employee. HR says there is no policy for off the clock situations like this. I was suspended for violating conduct codes for refusing to do work and disobeying a direct order but I was off the clock preparing to go home. Since the company has no direct policy for this, is there a GA law for off the clock issues.
Asked on September 8, 2011 under Employment Labor Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In an "at will" employment arrangement, an employer has a great deal of discretion in setting the termsand conditions of work. Specifically, the fact of the matter is that it can mandate any increase/decrease in hours as it sees fit, with or without notice. So unless you have a union agreement or employment contract to the contrary, or this violates specific company policy, or your treatment is the result of actionable discrimination, your employer's actions are perfectly permissible.
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