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Can you be forced to... New Mexico

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  • Can you be forced to... New Mexico

    Can you be forced to clock back in to work after your scheduled shift has ended, and you have clocked out for the day? Can your employer punish you for not clocking back into work?

    I was scheduled to end my shift at seven pm yesterday, which I did. I clocked out and informed the manager that I was heading home. She told me I had to clock back in and help her work on a last minute project she decided to do. I almost let her bully me into it, but decided to say no. She then told me I had to wait for her to finish the project because I had to follow her to the bank. I told her that seven meant seven, and I was already clocked out. This morning I had a write up waiting, specifically for not clocking back in when she told me to.

  • #2
    While you cannot be forced to work off the clock (assuming you are non-exempt) you can be required to work additional hours over and above your scheduled shift. While it's not the best way of handling it, neither requiring you to clock back in nor writing you up for refusing violates any laws. You could legally have been fired for your refusal.
    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.


    • #3
      Thanks for the clarification, CBQ.


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