What are an employee’s rights if fired for going to the bathroom without clocking out?

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What are an employee’s rights if fired for going to the bathroom without clocking out?

Asked on October 23, 2012 under Employment Labor Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if an employee needs to use the restroom, he or she should be allowed to do so by the employer. The employer can manadate that the employee clock out regarding such use of the facilities. Such is legal under the laws of all states in this country.

If the employee is terminated because of such failure to clock out in violation of company policy, the employee seemingly can be terminated legally. I suggest that you consult further on this matter with a labor law attorney and/or a representative with the local department of labor.


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