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  • told to stay home.

    I have a friend who works a regular forty hour week.her employer goes to a bmi group he is part of.her normal hours are from 9 to 5,his group starts at 7am and he could not attend and demanded she go to this group for him on unschedualed work time.she could not go and so in turn he told her to not bother coming in for the rest of the day meaning her normal 9 to 5 shift.
    my question is can an employer demand you to do things on your unschedualed work time that is not even work related,then send you home for refusing.
    thanks for your help.

  • #2
    I don't know what a BMI group is.

    However, if an employer requires attendance at some event or meeting, if the employee refuses to attend, the employee can be legally fired. Now, I'm not saying that this was handled properly, because I don't know how much notice the employee had. But I don't see any illegal, at least from what you have posted.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I agree with Patty. Two other things you might think about:

      1. Reporting pay. 455 CMR 2.03(1), amended in 2003, deals with “show-up” pay, or reporting pay. It states very that if an employee is “scheduled to work 3 or more hours” and reports for duty, then she gets paid for at least 3 hours. So, if she showed up for work that morning, he must pay her, even if he told her to leave for the rest of the day.

      2. I'm not sure what BMI is either, but if she attended, then her employer must pay her. In 2002 the DOS ruled that, "If an employee is required by an employer to attend a social, presumably for the benefit of the employer, then that employee is required to be 'on duty' an dmust be compensated for his/her time."

      Hopefully, those two thoughts help.

      Phil
      This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

      This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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      • #4
        thanks

        her main problem was that this group he goes to has nothing to do with her or her duties,its a group for people who own buisnesses.she works 9am to 5 pm on thursdays and he was telling her she must attend his meeting for him.
        she had a doctors appointment and normaly would have gone but was irked that he was demanding the favour instead of asking and when said she had a doctors appointmen she was told to cancel it.
        she just wasnt sure if she could be ordered to do things off her normal hours and be fired if she could not do them.

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        • #5
          Her employer can require her to do anything that is not illegal, and to work whatever hours he needs her to work, unless she has a bona fide contract that says otherwise.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            hold on

            i dont want to sound rude,but this thing hes asking her to do has nothing to do with her job,its almost as if your boss said i demand you to go take out the trash at my home 2 hours before your normal work day.and if you dont then dont bother coming in the rest of the day.
            again i hope this does not sound sarcastic but if thats the way it goes then i guess my reality of the workplace was a bit off.
            thanks again for all the replies.

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            • #7
              If the meeting she's asked to attend doesn't create some religious problem for her (like early morning prayers) for which there is no reasonable accomodation, etc.; and she's not being singled out for these duties at her work no the basis of her religion, race, ethnicity, etc.; and the meeting doesn't expose her to some sort of unsafe work condition; and she's not a minor being asked to work at improper hours; and she's not being asked to work in violation of the State Blue Laws; and her refusal to go to this business meeting isn't being used as a pretext for terminating her for age, race or other discriminatory reasons.......you get the idea. Then she's got nothing to complain about.

              If she's got an employment contract that entitles her to some sort of severance package upon termination by her for good reason following a change in her duties, then she should think about that.

              Otherwise, she should consider collecting unemployment, because there's not much in MA law that prohibits employers from setting the duties of their at-will employees or firing them for no reason at all.

              Sorry it seems so rough, but if she needs to know whether she may have a claim, she should speak with an employment attorney in her area.
              This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

              This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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              • #8
                its almost as if your boss said i demand you to go take out the trash at my home 2 hours before your normal work day.and if you dont then dont bother coming in the rest of the day.
                And that would not be illegal, either.

                We're not saying any of this is fair or reasonable. What we're saying is that generally speaking, it's not illegal. Not all employment-related issues are regulated by law.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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