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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19770
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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I am a salaried employee who works M-F 8 am to 5 pm. Recently

Customer Question

I am a salaried employee who works M-F 8 am to 5 pm. Recently I was placed on unpaid Administrative Leave for refusing to come into work on Saturday or Sunday. It is the intention of the employer to terminate my employment when he returns from vacation for said refusal.

1. Do I have any recourse?

2. Am I still eligible to receive unemployment benefits from the state of South Carolina under these circumstances?
Submitted: 3 years ago.
Category: Legal
Expert:  Marsha411JD replied 3 years ago.
Hello,

Thank you for the information and your question and I am sorry to read about your situation. Please see the answers to your questions below.

1. Do I have any recourse? In SC absent a contract or written company policy to the contrary, an employer has the right to set and change the terms of conditions of employment as they deem appropriate. That includes working hours and days and they can mandate as many hours as they choose too regardless of whether an employee is paid hourly or salary, with very few exceptions. The exceptions would not apply in your case unless you were under 18, a trucker, or in another safety sensitive job like a firefighter, police, etc. In addition, SC, like most states is an employment "at will" state. That means that an employer may terminate an employee for any, or no, reason and with no notice or warning unless the termination would violate an employment contract, company policy, or employment discrimination law. So, unless your situation falls within one of these exceptions, your employer could terminate you, even for an arbitrary reason.

2. Am I still eligible to receive unemployment benefits from the state of South Carolina under these circumstances? Unless an employee is terminated "without cause" they are ineligible for unemployment benefits. If you apply for benefits, which you should do, it is highly likely that your employer will dispute your eligibility saying you were terminated for "cause" for refusing to work when directed to. You would then be denied benefits. You can appeal that denial and upon denial the employer must prove that you intentionally or through gross negligence refused to work and that this is a reason he would terminate employees for. If he can carry his burden of proof, then you will not receive UI benefits. If he doesn't show to the hearing or respond to the State when sent the inquiry, or carry his burden of proof, then you will awarded benefits.

Please let me know if you need any clarification. I would be glad to assist you further if I can.

 

Expert:  Marsha411JD replied 3 years ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 18th. The Site has been a little buggy lately so the Experts are not always getting replies or ratings that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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