Can an employer fire you for not going to work if you have an emergency and called to tell them about it?

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Can an employer fire you for not going to work if you have an emergency and called to tell them about it?

And the tell you that he is not going to give you your last aycheck?

Asked on November 19, 2012 under Employment Labor Law, California

Answers:

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

Answered 11 years ago | Contributor

First of all, an employer cannot keep an employee's last paycheck. If money is in fact owed, your employer would have to collect separately from you. You can report this non-paymentt to your state's department of labor and file a complaint.

As to your termination, your employer was within its legal rights. That is unless, you had an employment contract/union greement providing otherwise, or this action violated your company's own policy, or your discharge was the result of some form of actionable discrimination. The fact is that an employer can set the terms and conditions of employment much as it sees fit in an at-will work relatonship.


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