Can an employer hold it against you if you can’t make it to work due to severe winter weather conditions, when a state of emergency is called?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer hold it against you if you can’t make it to work due to severe winter weather conditions, when a state of emergency is called?

Asked on October 20, 2015 under Employment Labor Law, Tennessee

Answers:

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

Answered 6 years ago | Contributor

When it comes to an employee who commutes (versus an employee who drives as part of their job such as a delivery driver), unless the employer agrees the weather is too bad for employees to attempt the drive, an employee can be fired for not finding a way to make it into the workplace. While unfair, it is the law.
The fact is that most employment relationships are what is known as "at will". This means that an employer can set the terms and conditions of the workplace much as it sees fit. For thier part, an employee can either comply with their employers mandate, quit or risk termination.
Theo only exceptions are if the employee has protection under company policy, a union agreement or employment contract. Aslo, your treatment must not be due to dactionable iscrimination or retaliation.


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