Legal Question in Employment Law in California

My work has instituted a new rule that states that you cannot clock in more than one minute late. If you clock in late 4 times in a month, they suspend you for a day without pay. Is this legal??


Asked on 11/02/10, 8:28 am

2 Answers from Attorneys

Absolutely. They could fire you for it if they wanted, so be glad it's just an upaid day off work.

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Answered on 11/07/10, 4:10 pm
Terry A. Nelson Nelson & Lawless

Yes.

The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. There are no rules 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 11/08/10, 11:42 am


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