If you punch out, can your employer make you come back in if it get’s too busy?

UPDATED: Mar 29, 2019

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If you punch out, can your employer make you come back in if it get’s too busy?

Also, if your employer calls you on your day off and you don’t answer because you were busy and they then text you and tell you there will be consequences for not answering your phone, is that harassment?

Asked on March 29, 2019 under Employment Labor Law, Michigan

Answers:

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

Answered 3 years ago | Contributor

The fact is that unless you have protection against this under the terms of a union agreement or employment contract, you have no claim here. Most work relationships are "at will" which means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Therefore, you can be called back into work after clocking out and, ditf you do not return as instructed, you can be terminated. In fact, in an at will work arrangment you can be fired for any reason or no reason at all, with or without notice.

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

Answered 3 years ago | Contributor

The fact is that unless you have protection against this under the terms of a union agreement or employment contract, you have no claim here. Most work relationships are "at will" which means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). Therefore, you can be called back into work after clocking out and, ditf you do not return as instructed, you can be terminated. In fact, in an at will work arrangment you can be fired for any reason or no reason at all, with or without notice.


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