Can an employer force an employee who has left the premises, to return to work following their regularly scheduled shift?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer force an employee who has left the premises, to return to work following their regularly scheduled shift?
So as to not work more than 16 hours at a time, an employee needs to clock out. Due to staffing needs, this creates an opening that needs to be filled. However, it can happen where an employee clocks out with, say, 4 hours left on the shift. By our contract, least senior employees are mandated until all posts are filled. However, if someone leaves with 4 hours left, can the employer force the next least senior person, who has already gone home, to return to cover the remaining hours?
Asked on August 10, 2018 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unless the terms of the contract you refer to prohibit this, yes, the employer can. Except to the extent controlled by the plain terms of a contract, an employer determines when employees work and recall an employee who has already left for more work. Therefore, you need to review the exact terms of your contract to see what is permitted in this situation.
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.