working On time off
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working On time off
I work as a massage therapist for a spa
when they hired me we had a verbal
agreement they wouldnt schedule me
outside of the hours I agreed. they asked
me to come In several hours before my shift
to receive training do I have to comply?
What can I do and what can they do against
me I told them I was in available because I
Asked on March 21, 2019 under Employment Labor Law, New York
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
An oral (that, not verbal, is the correct term) agreement is not binding in the context of employment, since it does not overrule "employment at will," or the employer's right to change the terms of employment (or terminate) employees whenever they want. Only a written agreement for a set or fixed term (like a one-year employment contract) locks in the terms of employment; therfore, the agreement you had is not enforceable.
An employer can require you to come in outside of your normal shift or hours--employers, not employees, determine when employees must work. If you are hourly, however, you must be paid for the additional time (employer-required training is considered work) and it would count towards your total hours for overtime purposes.
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