Can my employer force a

UPDATED: Sep 30, 2022

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Can my employer force a

I have a contractor who works with me. Our company lets its employees leave early the day before a holiday

weekend but recently they decided on a new rule where contracted employees have to stay for the rest of the day. The reason this is odd is due to the fact that we work on a support desk and are one of the few departments that even have contracted employees, so he will pretty much be sitting there doing nothing. Also, not sure if it matters, but he is also under a contract from our company so he’s not an independent contractor, he’s more like a temp being paid directly by our company.

Asked on May 25, 2017 under Employment Labor Law, Tennessee


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

Answered 5 years ago | Contributor

Not all employees need be treated the same or even fairly. That is unless such conduct constitutes some form of legally actionable discrimination. In other words, is there differing treatment due to their race, religion, national origin, age (over 40), disability, etc.? If not, then this action is legal. The fact is that most employment is "at will", which means that a company can set the conditions of the workplace much as it sees fit. Accordingly, unless the terms of an employment agreement or union contract provides otherwise, this worker can be made to come in when their co-workers have off.

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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