Legal Question in Employment Law in New York

Personal Days

Can an Employer place restrictions on personal days by stating what they can and cannot be used for? If so, what are they?


Asked on 12/09/98, 1:00 pm

1 Answer from Attorneys

Harold M. Weiner Coles & Weiner, P.C.

Re: Personal Days

Welcome to New York and the Employment At Will

doctrine.

Your employer can decide to give you no personal days; the ones that fall on her or his, and their kids' birthdays; or none at all. If you don't like it, get a new employer. That is the joy of

employment at will. And until New Yorkers get the Legislature to change that, this answer is written in stone. As are your rights. Here they

are:

You have the right to remain silent.

You have the right to quit. ( but you will then

probably forfeit your unemployment insurance)

You have the right to stay and take the work

conditions.

Are we having any fun yet?

Wake up, New York, and smell the coffee.

Pass legislation abrogating this pernicious

doctrine, which we derived from the common law

of merry old England, for whom we held the Boston

Tea Party. Taxation isn't the only form of slow

death. Miserable work conditions are just as pernicious, considering most of us spend more time at work than home.

Harold M. Weiner

Coles & Weiner, P.C.

342 MADISON AVENUE SUITE 1800


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Answered on 1/22/99, 8:14 am


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