How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask wallstreetfighter Your Own Question
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17083
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
16356563
Type Your Employment Law Question Here...
wallstreetfighter is online now
A new question is answered every 9 seconds

Can an employer force you to take time off and not pay you

This answer was rated:

Can an employer force you to take time off and not pay you.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is a common question,

wallstreetfighter :

under the law an employer can regulate the hours of all employees, and force employees to take unpaid time off,

wallstreetfighter :

however if it is for a long time, the employee can apply for unemployment benefits,

wallstreetfighter :

Unless the employee is a contract or Union employee,

wallstreetfighter :

under current laws, an employee has limited rights to challenge such action by an employer.

Customer:

I think they are just trying to get me to quit instead of firing me, I also have some unpaid vacation. If they do finally fire me at the end of the week , do they have to pay me that or do you think they are doing this to apply that to my pay prior to firing me? They fired 2 other employees last week.

wallstreetfighter :

if the employer has a written policy about paid vacation, if they terminate you they must pay you the vacation pay,

wallstreetfighter :

However if there is no written policy the employer can try to claim they do not have to pay it, as it was not part of any policy or written contract,

wallstreetfighter :

If they try to fire you, you can apply for unemployment benefits, as long as you do not quit, you would be entitled,

Customer:

We have no employee manual and no signed contracts

wallstreetfighter :

In that case you would have to sue them in small claims court if they fail to pay you the vacation pay, or file a department of labor complaint

Customer:

They went into our private emails and private facebook messages and read all our stuff, between me and the manager. Is that legal and can it be used against us

wallstreetfighter :

They cannot read private emails, facebook is possible but private emails cannot be looked into,

wallstreetfighter :

You can consider an invasion of privacy lawsuit can be made if they read private emails,

Customer:

OK, they even went into the personal profile on the face book account of my manager and changed employment status from employee of to former employee of... how can they get away with that? And if they fire us can they say they are firing us for cause and not pay un employment//

wallstreetfighter :

They are not allowed to go into your facebook and change anything,

wallstreetfighter :

the only way they can claim they fired you for cause, is to claim you violated company policy,

Customer:

so what do you suggest

wallstreetfighter :

it is a high burden for them to prove,

wallstreetfighter :

At this point, you may want to send a letter to the employer a letter stating you will be considering all legal options for them violating your privacy rights in terms of hacking into personal email and facebook accounts,

wallstreetfighter :

and see if they try to settle the matter with you

Customer:

ok thank you very much

wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied with our service please provide us with positive feedback.

wallstreetfighter and 4 other Employment Law Specialists are ready to help you