Can my employer refuse to give me a court order class off
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer refuse to give me a court order class off
I have a court ordered class every
Wednesday an work nights normally.
I was hurt at work so they switched
me to days. When I told them I had
a court ordered class I was told
it’s not there problem.
Asked on April 9, 2019 under Employment Labor Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
However, since your employer was not a party to this case so it is not bound by the court's order. Accordingly, if your employer will not give you the time off that you need to attend this mandatory class, then you will need to change jobs. The reason is that most employment relationships are what is known as "at-will" which means that an employer can set the conditions of employment much as it sees fit. In turn, an employee can work for an employer or not, their choice. That having been said, if this action violates the terms of a union/employment agreement or constitutes some form of legally actionable discrimination (e.g. it allows time off under similar circumstances for workers of a different race, gender, nationality, etc.), then you would have a claim.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
However, since your employer was not a party to this case so it is not bound by the court's order. Accordingly, if your employer will not give you the time off that you need to attend this mandatory class, then you will need to change jobs. The reason is that most employment relationships are what is known as "at-will" which means that an employer can set the conditions of employment much as it sees fit. In turn, an employee can work for an employer or not, their choice. That having been said, if this action violates the terms of a union/employment agreement or constitutes some form of legally actionable discrimination (e.g. it allows time off under similar circumstances for workers of a different race, gender, nationality, etc.), then you would have a claim.
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.