IS IT LEGAL FOR YOUR SUPERVISOR TO PHONE YOUR HOME AND TELL YOUR MOTHER THAT IF YOU DO NOT SHOW UP YOU WILL BE FIRED?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
IS IT LEGAL FOR YOUR SUPERVISOR TO PHONE YOUR HOME AND TELL YOUR MOTHER THAT IF YOU DO NOT SHOW UP YOU WILL BE FIRED?
I was scheduled to work on a Saturday at 6 am. A little after 5 am I had a fainting episode and my mom took it upon herself to call my work and notify them that I would not be showing up. Around 6:30 am one of the supervisors called my home and told my mom that if I did not show up for my shift that I would be fired. Is that legal? Also, by law must your employer give you your 90-day review? Because at time of hire they go over that after your 90-day probation you have a review, and my employer never gave me one and I’ve been there 8 months already.
Asked on November 11, 2010 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Did this action violate a stated company policy, or is there a union/employment agreement that does not allow for such action, or did this situation has arisen due to some type of discrimination (i.e., for reasons due to your race, religion, age, disability, sex, national origin)? Unless it did, I'm afraid that your employer's action was legal. The fact is that most employment arrangements are what is known as "at will". Accordingly an employer can hire or fire someone for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose requirements as they see fit. In turn, an employee has the right to work for an employer or not.
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 AttorneyPages.com 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.