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Is this legal in NYS?

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  • Is this legal in NYS?

    Yesterday afternoon my employer held a meeting stating that all exempt management was supposed to meet at 10am Saturday morning, with their overnight bags packed, to spend the night at the facility on the off chance of the state road flooding. The state road to where the entrance of the facility is located runs along a main river and they have to worry about the road flooding which would make access to the facility impossible. At the end of June the river flooded, the road was closed and there was a state of emergency for the county which caused the facility to close for a couple of days. In NYS can an employer force an employee to spend the night based on the possibility that the road might flood?

  • #2
    There is no law that prohibits employers from requiring essential employees to take steps to ensure continuity of operations during bad weather.
    I am not able to respond to private messages. Thanks!

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    • #3
      And Marketeer's response is true in all 50 states.
      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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      • #4
        There is no law that prohibits employers from requiring essential employees to take steps to ensure continuity of operations during bad weather. But...2 managers that are office personnel, already had plans made to go out of state with non-refundable airline tickets. Can they be terminated?

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        • #5
          Originally posted by Ahnawake
          There is no law that prohibits employers from requiring essential employees to take steps to ensure continuity of operations during bad weather. But...2 managers that are office personnel, already had plans made to go out of state with non-refundable airline tickets. Can they be terminated?
          They sure can! Insubordination is grounds for termination at most businesses. It doesn't matter that the employee had other plans. By disobeying a direct order, they may put their jobs in jeopardy. Since the action being requested is not unlawful, the employer may set this expectation and provide discipline (including termination) for those that do not comply.

          I am not uncaring. Just pointing out what's happened is not unlawful. I'd suggest that these individuals speak with the boss. He may be willing to make an exception.

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          • #6
            I agree with rob.

            Many employees feel that personal commitments (like airline tickets) have an impact on employers decisions.

            While most employers try to help employees balance work and home, they are not legally bound to do so.
            Not everything that makes you mad, sad or uncomfortable is legally actionable.

            I am not now nor ever was an attorney.

            Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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            • #7
              What about the fact that there is no sufficient place to sleep. One woman has extremely severe asthma and allergies and a bad back, (which is known to her manager and HR). She has to have special bedding and vaporizers and this is not accommodated away from home. Does anyone have any advise?

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              • #8
                I advise you to stop arguing. It's legal and it's going to continue to be legal no matter how many obstructions you throw into the road.

                The woman with asthma is free to discuss alternate possibilities with the employer, or to bring in her special bedding and vaporizer. But that does not make the employer's request illegal.
                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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