IS IT LEGAL FOR YOUR SUPERVISOR TO PHONE YOUR HOME AND TELL YOUR MOTHER THAT IF YOU DO NOT SHOW UP YOU WILL BE FIRED?

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IS IT LEGAL FOR YOUR SUPERVISOR TO PHONE YOUR HOME AND TELL YOUR MOTHER THAT IF YOU DO NOT SHOW UP YOU WILL BE FIRED?

I was scheduled to work on a Saturday at 6 am. A little after 5 am I had a fainting episode and my mom took it upon herself to call my work and notify them that I would not be showing up. Around 6:30 am one of the supervisors called my home and told my mom that if I did not show up for my shift that I would be fired. Is that legal? Also, by law must your employer give you your 90-day review? Because at time of hire they go over that after your 90-day probation you have a review, and my employer never gave me one and I’ve been there 8 months already.

Asked on November 11, 2010 under Employment Labor Law, California

Answers:

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

Answered 10 years ago | Contributor

Did this action violate a stated company policy, or is there a union/employment agreement that does not allow for such action, or did this situation has arisen due to some type of discrimination (i.e., for reasons due to your race, religion, age, disability, sex, national origin)? Unless it did, I'm afraid that your employer's action was legal.  The fact is that most employment arrangements are what is known as "at will".  Accordingly an employer can hire or fire someone for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as they see fit.  In turn, an employee has the right to work for an employer or not. 


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