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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption