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If I work at at company and we accure pto and I ask for time…

If I work at...

If I work at at company and we accure pto and I ask for time off without enough pto hours can I still be given the time off ?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Missouri

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full tme for a commuity living options , not sure about at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes if I didn't sign a paper stating overtime was mandatory do I have to work it ?

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Answered in 5 minutes by:
9/13/2017
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,393
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive labor law experience. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Yes, you can request the time off and your employer may grant it. However, it would likely be unpaid, instead of paid. The employer may choose to make an exception and allow it to be paid, but that is entirely up to the employer. All PTO grants the employee is a certain number of paid days off. The employee may still request and the employer may still grant additional days off.

PTO is a benefit that is not a legally required by the state or the federal government. Therefore, an employer may create and manage their own policy as they choose. The only legal requirements is that the policy be applied equally to all employees of the same class, without discriminating against certain individuals.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 10 months ago
If it is not stated in my hand book that we have mandatory overtime , can they make me work it and choose what days they are ?

Yes, an employer has the right to require overtime and set scheduling as part of the employment. Of course, they must pay you for those overtime hours according to the law.

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Customer reply replied 10 months ago
no phone calls are necessary

I agree. The offer for a live phone call was automatically generated by the JustAnswer website, not me. I prefer to save you money, if possible, and answer all your questions through this chat. If at the end you feel that a live phone call would be beneficial, we can set it up at that time.

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Customer reply replied 10 months ago
Can they fire you if you choose not to work , I thought it had to be stated in the hand book.

It does not have to be stated in the handbook.

Missouri is an at-will employment state. That means that either you or the employer can terminate the employment relationship at any time for any reason or no reason at all. The limitation is that employers cannot terminate an employee for an illegal reason, such as discrimination or retaliation for exercising an employee's legal right.

What you have described would not fall under any of the non-permitted reasons for termination.

Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,393
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
Roy Hadavi and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 10 months ago
If they have allowed other emplyees to say no , would this invalidate the process at this work place
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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).

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