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Being sent home at manager's discretion...CA

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  • Being sent home at manager's discretion...CA

    Labor Day weekend, I had an ankle that was swollen from a mosquito bite. On Labor Day, I reported to work with crutches just in case, but was still able to walk. Before I got in the door, the manager came out and told me to go home. I said I could work, showed him I could walk (with a limp), and he still told me to go home, citing that a doctor would recommend me stay off work. Thing is, this had happened to my other foot a few weeks beforehand, and I specifically asked the doctor about work, and he said as long as it doesn't cause major discomfort, I can work with no problem.

    However, the manager said that with me limping around, it would make the company look bad, and he couldn't do that. Plus, he said he felt bad for me, and told me to go home and call him if I felt better later in the day. I was sent home at the manager's discretion of an "injury". He did not have a doctor's note to base anything off of. Am I entitled to any pay for that day at all? I was told by the same manager if I wanted pay for that day, I would have use my accrued paid time off hours. However, from what I understand, I should be paid by the company as hours worked because they sent me home on their choice with nothing to base their decision on except their own thoughts.

  • #2
    There is no law requiring that the employer pay you if they send you home. It's perfectly legal to require that you use your accrued time off if you want to be paid.
    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
      in ca the law states that u must be paid half your shift or 2.5 hours of work witch ever is greater

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      • #4
        It's two hours minimum, not two-and-a-half. http://www.dir.ca.gov/dlse/FAQ_ReportingTimePay.htm

        Plus, the regulation states that reporting time pay is due when the employee is sent home due to lack of work. It also states that reporting-time pay is not due if the employee is not fit for work. The manager here obviously decided that the employee was not. That may or may not have been a decision based on fact, but it was within the manager's perogative to do so.

        Has this been brought up with HR? What do they say? I assume they are backing the manager's decision?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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