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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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I work part-time as a waitress at a local restaurant in Lake Arthur, LA. The restaurant is

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I work part-time as a waitress at a local restaurant in Lake Arthur, LA. The restaurant is closed for repairs in the kitchen. The boss said it was mandatory that everyone show up at 7:00 A.M the first day it was closed to haul the equipment out, pack boxes and scrub walls, tables and chairs. I was not given an exact date until the week of this date. I could not request off because it was too late once the schedule was out and 2 other waitresses had already scheduled off. I could not go because I also teach school and I had lesson plans to do, papers to grade and a meeting for my son's high school graduation that day. I worked from 3-almost 11:00 the night before. Now I am being suspended 2 weeks with no pay because I could not
go haul equipment out, pack boxes and do extensive cleaning.The 2 waitresses that requested off did not get suspended. Is this legal?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 6 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. Yes, it is legal. In employment law, unless you have a contract of employment that specifically restricts when and how an employer may suspend someone, they can legally do so 'at will' with or without cause. Here the employer has cause. While it is certainly understandable that you were not able to be there, the law doesn't make such absences legally excused. The employer isn't legally required to be reasonable. Regrettably, that means that the suspension here was entirely legal. I wish I could tell you differently, but this is the law in this situation. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 6 months ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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