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Roy Hadavi
Roy Hadavi,
Category: Employment Law
Satisfied Customers: 770
Experience:  Attorney at Law Offices of Rosenstein & Associates
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If I work at at company and we accure pto and I ask for time

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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 ?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Missouri
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full tme for a commuity living options , not sure about at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes if I didn't sign a paper stating overtime was mandatory do I have to work it ?

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.

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.

Customer: replied 1 month 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.

Customer: replied 1 month 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.

Customer: replied 1 month 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 and other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
If they have allowed other emplyees to say no , would this invalidate the process at this work place