Should my wife’s employer pay her for 3 forced days off?



Get Legal Help Today

 Secured with SHA-256 Encryption

Should my wife’s employer pay her for 3 forced days off?

my wife was taken by suprvisor to hospital for drug test. They said she appeared sleepy. She was on the schedule but not allowed to work for 3 days while lab was processing test. The test results were negative.

Asked on June 6, 2019 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless the company has a handbook or policy book that says that your wife is to be paid for the time, then the employer is not required to pay your wife for the missed time.  Texas is an at-will employment state which only requires payment for actual time worked.  The employer could have sent her home because work was slow, they were overstaffed, or they thought that she was out of dress code.  It is not illegal for the employer to tell the employee, "We aren't going to use you today."  The only time that it's illegal is when it's based on a discriminatory reason.  For example, they can't refuse to schedule her because of her gender, her sexual preferences, her age, or her ethnicity.  If refusing to let her work continues to be a problem, then your wife can leave the employer...again...because Texas is an at-will employment state. She does not need to stay with an employer that does not trust or respect her work ethic. 


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