Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

My employer has a telecommuting work policy that states that

Customer Question
Hello, My employer has a telecommuting...
Hello,
My employer has a telecommuting work policy that states that you must have childcare while working from home if you have children. However, they say that you do not have to have childcare if you are "on call" stating that it is acceptable to clock in during on call times to work and you may care for your child while working, but not during normal business hours. This seems to be an unfair situation
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 9 minutes by:
6/3/2016
Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,417
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information. If you are asking if there is anything unlawful in your employer's policy that distinguishes between "on call" periods and regular working hours, the answer would be no. An employer is generally free to set and change the terms and conditions of employment as they deem appropriate. The only exceptions would be if there were a union bargaining agreement that stated otherwise, or if the employer were only targeting one employee for different adverse treatment because of their gender, race, national origin, age (over 40), disability, religion, pregnancy or military service. So, although the policy may not seem fair or to make sense, it would be lawful unless the exceptions I mentioned apply.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
to clarify, when they told me that it would be acceptable for me to work while caring for my child on the weekend when I would still be clocking in and working as I would during the week, but not acceptable to do so during the week, that is legal? They can make stipulations on when working with a child is acceptable, simply based on the time of day or day of the week? Being on call is also not in my job description, if I tell them that I will no longer be available to be on call during times that I have my child, could they then change my job description and require me to be on call?
Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago

Hello again,

Yes, that is correct, it is legal unless one of the exceptions I specifically mentioned previously applies. And yes, unless you have a specific term contract that limits all of the parameters of your job (duties, hours, pay, etc.) the employer can always change the terms and conditions. So yes, again, they can change your duties and your availability requirements. If you are not available how and when the employer deems it necessary, they can either accept your limitations, reduce your hours, change your duties anyway, or terminate your employment.

Ask Your Own Employment Law Question
Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 3rd. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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.

Ask Your Own Employment Law Question
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,417
20,417 Satisfied Customers
Experience: Licensed Attorney with 29 yrs. exp in Employment Law

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,417 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I worked for a huge company called Architectural Graphics,
I worked for a huge company called Architectural Graphics, Inc for seven years. About 500 employees just in their Virginia office. Only two females work in the shop with all the men. I was let go for … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can an employer change your job description or duties
can an employer change your job description or duties without your knowledge and then force you to follow the new job duties? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employer is implementing on call service. My new work
My employer is implementing on call service. My new work schedule will be Monday thru Friday 7:30 to 4 plus on call from 7pm to 7 am Monday thru Fri and 24 he on call on the weekend. I want to find ou… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I worked for a company for 25 yrs, I was on call for
I worked for a company for 25 yrs, I was on call for emergency calls everyday for 10 yrs. Yes I would gets calls if the responsible party would not answer his/ her calls or the answering service had q… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
Am wondering without a written job description, can a
Am wondering without a written job description, can a Manager threaten to take you off the job you have been doing for years for being ill and not being able to do the requested other job?? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
Requited to perfom dutirs outside my job description- approx
Requited to perfom dutirs outside my job description- approx 53% of my work year. Was paid 1.25 OY rate- another mgr wad paid 1.5OT. Have been required tp petform duties no other mgr - prevoius mgrs -… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is it possible to arrange a private phone call for a few
Is it possible to arrange a private phone call for a few minutes to discuss a legal issue in person?… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,897 satisfied customers
My husband was called to bosses office yesterday and asked
my husband was called to bosses office yesterday and asked about equipment he moved for testing. When he saw co-worker he asked him if he told manager he moved equipment. co-worker said yes and husban… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I got a call with a message saying that I will be served
I got a call with a message saying that I will be served papers either at my place of work or my residencejust wondering what to expect or if it is real. King county, WA … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,612 satisfied customers
At my job. The employer stopped all production and called a
At my job. The employer stopped all production and called a meeting out of nowhere. So me and every employee was herded into a room and the doors were shut behind us. The warehouse manager started off… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Can an employer require an exempt employee to be on call
Can an employer require an exempt employee to be on call 24/7, put the requirement in your job description and not compensate the employee for the on call time? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
My work has a hotline. Someone called the hotline to
My work has a hotline. Someone called the hotline to complain on our supervisor. Then the whole staff was sent a link to "surgery Monkey" they said it was anonymous and to be candid. I filled my out b… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I quit a company but I called into there conference call a
I quit a company but I called into there conference call a couple times after I left to see how the managers were. Can they do something to me legally… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Fmla can you call me please, Not yet, ********* No
Fmla can you call me please JA: Have you documented this or discussed it with HR? Customer: Not yet JA: Is the employment agreement "at will," union, full time or part time? Customer: ********* JA: An… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I was terminated with no warning and called in gross
I was terminated with no warning and called in gross misconduct. The tactics and coercion promised my job was not in jeopardy. Used misreoresentation, lies. I admitted … read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
889 satisfied customers
I have been with my employer since Oct 2016. I telecommute
I have been with my employer since Oct 2016. I telecommute and was previously allowed to make up hours when I had to leave early for ANY reason, not just doctors appointments. I was diagnosed with can… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I accepted employment based on telecommuting and travel due
I accepted employment based on telecommuting and travel due to my ADA accepted disability. Employer is now making me commute 3+ hours a day to a location outside my zip. What, if anything, can I do? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I work for a Township in Pennsylvania. My job description
I work for a Township in Pennsylvania. My job description states "Punctual regular attendance is required. Employees are to be equipped and ready for work within fifteen minutes before required start … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x