Multiple Questions please read details.
UPDATED: Oct 1, 2022
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Multiple Questions please read details.
I found out last year I have ovarian cyst and need
surgery to remove them. I had appt of dr appts and
test done to see if they are cancerous or not and still
no idea. But my employer has been giving me
problems at work asking me to schedule my
appointments around work schedule. I work 730
-430 and dr offices are usually 8-5. He asked me
once to make them later and not in the morning so I
did. Now he is asking me to make them early so
when I come in late I can work later to cover my
work. Can he do that?
We had a meeting and he said these things
1.He has cameras that record video and audio, then
denied it when I told him it was against the law.
2. I cannot have conversations with other co-workers
that involve personal life and if I dont want the
camera to record go outside or do it after hours. Can
he stop me from talking to co-workers?
3. He has multiple programs that record everything
we do on computers and we have to send him
reports on paydays so we can get paid. He said he
doesnt know what I do on my computer if I work or
not. Is that right?
4. He accused me of added time to my time because
I had 90 hours that pay period and it was a 12 day
pay period. Is that right?
5. Since I need surgery He wants to know how many
days I will be off when I told him I would let him know
when I ask the dr. He keeps asking me. It could be
days to weeks and he needs to know exactly how
many days. I would not know until surgery is done,
depends if I have cancer. Can he do that?
Asked on February 13, 2018 under Employment Labor Law, California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Your employer does have the right to ask you how many days you will be out for planning purposes--he has a business to run, after all, and needs to know when staff will be there. He also has the right to ask you to schedule your employments around work--there is no legal right to go to doctor, etc. appointments during work (except to the extent you have and use sick leave for them, or are eligible for [and your employer large enough--50 people or more--to be covered by] FMLA and you use "intermittent FMLA leave" for this purpose). Remember: the employer employees you for the *the employer's* benefit, not for your benefit.
The employer cannot audio record without consent, but may video record. He can also record everything you do on a work computer or over a work network--those are his equipment, and he has the right to monitor and control their use.
And an employer can insist that the workplace be only for work and that personal conversations are not allowed--you are being paid to work and for no other purpose.
While what you describe does seem controlling and unpleasant, it is legal. You may need to look for a different job, one where the workplace culture or environment is more to your liking.
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