Employment Law

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I have a situation where my employer allowed me to work

Customer Question
Good afternoon. I...

Good afternoon. I have a situation where my employer allowed me to work remotely and then rescinded that approval and demanded I be in the office immediately. I continued to work remotely to complete the projects that were assigned to meet his deadline. He then withdrew my payroll which had been direct deposited into my bank account stating he did not know what my future intentions were. Two days later he then made another deposit but withheld two days worth of pay without any notice.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

Not yet. The HR person onsite just submits the payroll information to the payroll company. There is no experienced or trained HR professionals in the company.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union

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

The owner routinely required rescinded approvals. For example, he allowed me to adjust my work schedule so I could take my child to school and then rescinded. He allowed me to work remotely so as not to be disturbed to get major projects done, then rescinded without notice although he provided the laptop and remote connection to permit this. It was a very tense and hostile work environment and the more that was uncovered about the owner's actions, the angrier he became.

Submitted: 4 months ago.Category: Employment Law
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Answered in 3 minutes by:
3/28/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,866
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you are an at will employee, I am afraid that even though the employer said at one point you could work remotely, if he demanded you come into the office he had a right to do so and you do not have a legal right to ignore that demand unless you had a signed contract stating you would work from home. Without a signed contract to the contrary, your employment is at will, so the employer is dictator of terms and conditions for your employment.

He CANNOT take back payroll for work you can prove you actually performed and you can sue him for violation of the Fair Labor Standards Act and you can seek to recover the money for the work you did that he took back, but legally he can force you to come to the office I am afraid.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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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