Sub contractor

UPDATED: Oct 1, 2022

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Sub contractor

In the past few months there have been way too many call offs. I think we can all agree that I have been more then fair when it comes to understanding as to why a tech is calling off in the past. However, it seems to be that it’s becoming a routine to call off once, twice or even 3 times a month. There are a few that very rarely call off if ever, its not fair to those techs that don’t call off to have to cover 2 routes in a day because someone doesn’t feel like going to work. I want to be very clear. If the call offs continue to happen, There will be a back charge for the route that was assigned. So what this means is if you are routed 2 jobs and those jobs get billed for 60 points, you will be charged for 60 points and will be assessed on the pay week the call off happened. If the missed workday is out of your control and I understand things happen like a truck breakdown of a bad flu in that case simply bring in the receipt for the repairs of the truck or the doctors visits that were made and no charge will be assessed. I appreciate every one of you and the hard work you put in, but at some point enough is enough. This is not to single anyone out. everyone needs to show up to work and not put the burden of your jobs onto someone else for selfish reasons. If you need a scheduled day off just give a 3 week notice and the day can be scheduled off with no issues. Feel free to call me if you have any questions. Can the company I sub contract for do this? There is no writing agreement and I am a contractor not an employee.

Asked on January 9, 2018 under Business Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Without a written contract which specifies your duties or work (so you can't be asked to do more than that) or which otherwise addresses the issue of picking up the slack when someone else calls off, one subcontractor or contractor has no rights in regard to other (sub)contractors calling off: those who do not call off have to do whatever additional work has to be get done due to the call off. When there is no contract, the work is whatever you are told it is--including covering for other workers.
The employer of these contractors or subcontractors does not need to allow the call offs, unless the right to call off like this is guaranteed by a contract (in which case, workers can only call off as many times and how the contract says). Otherwise, the employer can set limits on call offs or terminate (or otherwise discipline; for example, cut pay) anyone who calls out too often. 

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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