My wifes company is telling her that she cannot leave early, although there is severe weather outside, the roads are icing over, and other business, schools, state agencies have all left for the day. They are threating adverse action against her if she leaves? She's a top performer there, can they take any action against her if she is leaving early due to weather conditions??
2007-01-12 09:23:09 · 8 answers · asked by airman_stud 1 in Politics & Government ➔ Law & Ethics
Yes. She is an at will employee - they can fire her for any reason or no reason at all without notice. However, if she is injured on the way home she may have a case against them. If she wants to keep her job she should stay at work. If her car is not ideal for this weather, she should explain that to her supervisor and ask for them to arrange transportation. (They do not have to give it).
2007-01-12 09:27:19 · answer #1 · answered by Tara P 5 · 0⤊ 0⤋
Tough situation.
But if all the other businesses have cut out early, that means theie employees are all on the road RIGHT NOW and your wife isn't. The bulk of the bad traffic should be cleared out by the time she leaves.
She has a better chance of making it home alive if there are FEWER cars on the road.
The company may be doing your wife a favor.
But, it is her call. If you two really think she is safer leaving now, then you have answered your own question.
2007-01-12 17:33:02 · answer #2 · answered by Gem 7 · 0⤊ 0⤋
They probably can force her to stay on the job. If I was her I would inform them that if she is involved in an accident on the way home because of inclimate conditions, she can file a claim under Workman's Compensation and get paid for the time off. They will probably think about that and let her go home early. Most companies won't admit or do not know that if you are in transit directly to or from work, you are covered under Workman's Comp.
2007-01-12 17:58:02 · answer #3 · answered by gyro-nut64 3 · 0⤊ 0⤋
They have the right to expect her to work here entire shift (ie. not leave early.)
Whether or not they would be liable for letting her go early or on time in bad weather is a state tort issue. I'm sure some lawyer would take the case.
2007-01-12 17:27:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The company cannot forced an employee to render work during an emergency if there is no threat to the operations resulting to substantial loss.
2007-01-12 17:40:39 · answer #5 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Yes they can, her contract doesn't stipulate that she can leave early due to weather. Of course her employer is an asshole for not letting her leave, but they are not legally obligated to allow her leave.
2007-01-12 17:27:51 · answer #6 · answered by Ilich 2 · 0⤊ 0⤋
Yes, she is contracted to work, not slope off and skive.
2007-01-12 17:30:31 · answer #7 · answered by Anonymous · 0⤊ 0⤋
they can terminate her is they choose
2007-01-12 18:38:36 · answer #8 · answered by echrome 2 · 0⤊ 0⤋