Is it legal if I was written up for declining to come in when called and requested to on a scheduled day off?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal if I was written up for declining to come in when called and requested to on a scheduled day off?

If an employee is scheduled to have a day off and on this day off the get a call requesting them to come in to work to cover someone else’s shift who didn’t come in and they decline because it is their day off, is it legal for the employer to take action such as writing them up, if there was no previous written or verbal disposition stating that an employee must come in whenever called to do so.

Asked on June 20, 2012 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Actually, in the absence of an employment contract guarantying you the right to that day off or otherwise limiting the grounds for discipline, you could have been fired for cause for not coming in when called. When there is no contract setting days, hours, or shifts, the employer determines those at its sole discretion and can change them at will, calling employees in on their days off. If the employee refuses, he disobeyed company directives and was absent from work without authorization, and is subject to any discipline up to and including termination for cause.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption