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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12164
Experience:  Significant experience in all areas of employment law.
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Can an eployee decide not to work half of her assigned shift

Customer Question

Can an eployee decide not to work half of her assigned shift without the manager or supervisor consent and find somebody to work half her shift?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: She is 32 hours with benefits.
JA: Anything else you want the lawyer to know before I connect you?
Customer: This person has long history of bad attendance and has the final warning from HR
Submitted: 4 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 4 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

An employee can do this, sure. However, the employer is not required to allow it, and would be free to terminate an employee for doing this. This is so because employment in the state of CA is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....