Legal Question in Employment Law in California

I am an hourly employee. I had a bad migraine headache in the morning, so I called in and said I would be in in a little late that I needed to go to Doctor. While I was on my way to the office, my co-worked called me and said my boss called her and told me to go back home, that he didn't want me working 'partial days'. So I lost an entire day of pay. Is this legal for my boss to do?


Asked on 1/28/11, 9:17 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Yes, and you could be fired for taken off the time. There are no laws against 'unfair treatment' or poor management. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 2/08/11, 2:58 pm


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