Is it legal for an employer to tell you to “take the day off” without giving you any reason?

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Is it legal for an employer to tell you to “take the day off” without giving you any reason?

My boyfriend and I were stepping out the door for work this morning when all of a sudden his employer calls him and tells him to “stay home and take the day off”. His employer told him he’d get a call back but 5 hours later, still nothing. I feel this is very unfair. Is this legal?

Asked on August 9, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It may be unfair, but it is legal, unless your boyfriend had a contract which set or specified his hours or shifts. That's because when there is no contract, it is up to the employer, at its sole and exclusive discretion, when to schedule employees, whether to schedule them at all, etc. So without a contract, they could tell your boyfriend to "take the day off" without reason--just as they could fire him without reason.


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