Can a nursing home mandate a CNA to work another shift due to call-outs?

UPDATED: Sep 30, 2022

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Can a nursing home mandate a CNA to work another shift due to call-outs?

I work very hard as a CNA. I work 32 hours a week. When my shift is over I want to go home. The nursing home I work at says that they can mandate me to work a double shift

because call outs. Is this true?

Asked on January 31, 2017 under Employment Labor Law, Alaska


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

Answered 5 years ago | Contributor

Does this action violate the terms of a union/collective bargaining agreement or employment contract? Does it constitute some form of legally actionable discrimination? If not, then I'm afraid that you have no claim here. The fact is that a company can set the conditions of employment much as it sees fit. This includes who to schedule and when. Accordingly, you can be terminated for refusuinng the additional hours. In fact, an "at will" worker can be fired for any reason or no reason at all, with or without notice.

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 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.

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