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being on call

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  • being on call

    I work at a diner (in Albany, NY) as a server and due to a storm the power went out for two days. The time and day the power came on ,my scheduled shift was over. My employer called me and told me I had to come in because I should have known I was on call due to the black out. My shift was 9-3pm and he called me at 8pm that evening. I have never heard of being on call before from the employer and was repremanded for not being able to come in. I was wondering if I was in the wrong and can I be fired.
    Junior Member
    Last edited by mlcwgr; 12-15-2008, 12:08 PM.

  • #2
    Whether you were "in the wrong" or not, if you are fired because of this, it would fall into the "likely unfair but not illegal" category.

    Oh, and there is no law that requires the employer provide you with a cell phone if they want you on call. However, I don't see this as a regular "on call" situation. It was a weather emergency.
    Senior Member
    Last edited by Pattymd; 12-15-2008, 06:50 AM.
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    • #3
      on call

      Even though it was a weather emergency, should it have been mandatory that I go into work? My boss said I should have been prepared and have made arrangements with babysitter just in case...


      • #4
        If you are asking whether or not there is some kind of law that protects you because it was a weather emergency, there isn't.
        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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