Can an employer prohibit me from attending night school because I have to stand on mandatory call once a month?

UPDATED: Oct 24, 2011

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Can an employer prohibit me from attending night school because I have to stand on mandatory call once a month?

My current job requires me to be on-call once every month. I would like to attend school at night to further my education but with this schedule it’s nearly impossible. Does an employer have to give me some flexibility to attend school. Could they terminate me because this is a part of the job?

Asked on October 24, 2011 under Employment Labor Law, Texas


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

Answered 11 years ago | Contributor

In an at will employment relationship, an employer can set the terms of employment much as it see fit. This includes hiring/firing, salary/hours increase/decrease, promotions/demotions, etc. An employee in turn can choose to work for the employer or not. Whether or not to give specific time off is up to the employer's discretion. Additionally, in most work relationships, an employer can outright discharge an employee and without notice.

So unless there is a controlling employment/union agreement, or existing company policy to the contrary, or this treatment is the result of some form of actionable discrimination, your employer can in fact prohibit you from attending night school; it is perfectly legal.

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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