Can an employer ask you to not come because of no work?
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Can an employer ask you to not come because of no work?
I work at a daycare. And, my employer told me to leave before I clocked in
because of low numbers. She then told me to not come in tomorrow. If I do not
work this week, I lose my holiday pay for Thursday and Friday. Meaning, I lose a
whole week of pay. Is this legal.
Asked on November 21, 2016 under Employment Labor Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Did this action violate the terms of any applicable union agreement or employment contract? Did your treatment constitute some form of legally actionable discrimination (i.e. was it based on your nationality, race, religion, disability, etc.)? If not, then you are an "at will" worker which means that your company can set the conditions of employment much as it sees fit. This includes when or when not to habe you come into work.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, your employer, not you, determines when you work (unless you have a written employment contract guarantying your hours), and may send you home early--or tell you to not come in at all--if there is a lack of work or for any other reason, and regardless of the affect on your pay. So unfortunately, this is legal.
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