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 Employment law?
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cam
Can an employer tell you not to come to work?
Someone I know recently went part time working at a day care. On at least 4 occasions in the last 2 weeks she has been told at the last minute by her boss not to come into work due to a shortage of work. She is not paid for these absenses. Is this legal? I get the impression they are trying to provoke her into quitting.

Thank you.



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PB2u
They are trying to get her to quit.

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jobbend
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Employment law is different depending on the state/province/country the person is working in. If this is in the US, you can start your research at www.usa.gov, or go to the state agency that oversees wage and hour laws and ask what is legal based on the specific situation.

Also, if this is a "work at will" position (not covered by contract or union) then scheduling is at the discretion of the company and can be changed at any time. Given the facts you present, it would not be beneficial in this case for the company to continue to call the person off, but just let them go. It only creates frustration that can have a negative impact on the company, and is a unnecessary burden for the manager. My advice for this person would be to ask for a meeting to understand her employment status and value to the company - while at the same time looking for other work.

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Kai K.O.W.
yes, they have the right even on last minutes! cause she is just a part time worker! cruel to say it but it is the fact!

like one of the answerer said, the company wants to fire her!

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Wittle me
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Hi there

Your friend needs to check his/her employment contract first. There is sometimes a clause that says if there is not enough work, the employee may be sent home without pay.

If there is no contract, I am not sure.

Try ringing the Citizens Advice Bureau.

Hope that helps :-)

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L to the Ill's mommy
Rating
Yeah it's legal .. it happened to me i worked in a day care .. Its legal but i think it's VERY unfair when your out of work for the day .. when you have bills to pay as well
let me tell you something tho .. parents where seriously ticked off when they found out because .. they have to pay the weekly fee regardless of if there child is Sick , late, there's a Holiday or a snow day they pay ..

my boss the provider just got into trouble for not hiring enough staff one day someone was sick and another was in a car accident and she ended up with 9 kids alone and it was agents the law ..

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. .
Of course it's legal. Why would you imagine otherwise?
The center has no obligation to be sure she has work to do nor any obligation to pay her just for being scheduled and not actually working.
If she has a contract to the contrary she has cause for action on THAT basis but it's certainly not illegal.
They're probably not trying to provoke her into quitting. In most places, your employer can fire you at will. They don't need a reason. Since she's part-time, unemployment is most-likely a non-issue, or very nearly so.

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Kip
Yes you can tell an employee you don't have work for them and that they don't need to be in for the day. I do it all the time. If I don't have work for them, how can they work?

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Sheila
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Yes, she is at "at will" employee, not under contract or salaried.

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Mr. S
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Yes, it is perfectly legal. If an employer allows someone to work even though they may not have outside income, the company would be losing money. If the company cannot make money, they may be forced to close business, then everyone is out of a job.

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jlovett72078
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It is perfectly legal. You see the same thing happen in restaurants, and other service driven Industries. Especially for a "part-time" employee. If she enjoys the job, she should just do the best when the opportunity presents it's self, and look for opportunities to help out in ways beyond her "general" job description.

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tetlitea
I don't think they are trying to get her to quit, she is an hourly employee and her hours are not guaranteed. If there is no work then there is no work and it would make no sense for them to have her come in if there is nothing to be done.

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Squat1
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Absolutely legal. You only get paid for work performed, there is not federal law that states you must get paid for non-work, this includes vacations, holidays, etc.

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Alion
Yes,it's legal. Why would they provoke her into quitting if they don't want her?All they have to do is fire her.

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michr
they are not trying to make her quit they are simply trying to control their labor cost.......
she is part-time for that reason...when they have work they have a job for her but when they don't have the need then hours must be cut. if she is the only person being cut and there are other part-time employees with the same seniority then she needs to discuss with the employer why she has been singled out.



just a side note:
if GM, Ford and Chrysler had been able to do this (can't due to contracts) they would not be in the shape they are today.....

yes I know labor cost are just one part of their problem but it is a huge part

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