Is this considered retaliation?

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Is this considered retaliation?

My boss called me on my day off. I had an
appointment so I declined. Now I have been
taken off the schedule til further notice

Asked on January 19, 2017 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Retaliation is legal at work in a case like that which you describe. Your employer, not you, sets your schedule, and can call you in on your "day off"--that is, you only get the day off if your employer lets you. If you refuse to work when the employer tells you to, the employer may "retaliate" against you for doing that by taking you off schedule--or even simply firing you "for cause" for ignoring manager instructions and/or unauthorized absenteeism (not being there when you were told to be), which would mean that you would not be eligible for unemployment benefits. To put it simply, you *can't* "decline" to work when your employer wants you to.


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