Is it legal for my employer to suspend me for refusing to clock back in after I have completed my shift for the day?

UPDATED: Sep 8, 2011

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Is it legal for my employer to suspend me for refusing to clock back in after I have completed my shift for the day?

I completed my shift and clocked out. My manager told me to clock back in and work some more. I refused to clock-in.I completed my obligation to the shift as a part-time employee. HR says there is no policy for off the clock situations like this. I was suspended for violating conduct codes for refusing to do work and disobeying a direct order but I was off the clock preparing to go home. Since the company has no direct policy for this, is there a GA law for off the clock issues.

Asked on September 8, 2011 under Employment Labor Law, Georgia


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

Answered 11 years ago | Contributor

In an "at will" employment arrangement, an employer has a great deal of discretion in setting the termsand conditions of work. Specifically, the fact of the matter is that it can mandate any increase/decrease in hours as it sees fit, with or without notice. So unless you have a union agreement or employment contract to the contrary, or this violates specific company policy, or your treatment is the result of actionable discrimination, your employer's actions are perfectly permissible.

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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