Is it legal if I got clocked out and sent home because I had to use the bathroom?
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Is it legal if I got clocked out and sent home because I had to use the bathroom?
I went through inspection got my special cleaning task and around $1245 I told my supervisor that I had to use the restroom, a very short time later she pops her head in the bathroom and asks me what I’m doing to which I responded with,
Asked on August 10, 2019 under Employment Labor Law, Colorado
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The fact is that unless otherwise provided under the terms of an employment contract or union agreement, a worker does not have the right to use the restroom outside of assigned breaks, as either provided law or their employer. Basically, an employee cannot use the bathroom whenever they feel like it. Accordingly, if your supervisor thought that you were using these facilities to waste time, etc., then you could be disciplined for doing so (which could have included suspension or even termination). In fact, in an "at will" work situation an employee can be disciplined for any reason or no reeason, with or without notice.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, this is legal. Employment is employment at will: that means,among other things, that your employer controls when you work and you have no guaranty of hours or work. It also means that your employer can discipline your for essentially any reason. So your employer could legally choose to send you home if the supervisor thought you were taking too long, wasting time, or being insubordinate with your response to her.
There is no legal right to go to the bathroom whenever you want at work.
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