Employees Rights in an Emergency?

Waiting-for-Ivan asks: "In Florida in the past month and a half, we have survived 2 hurricanes. During the last one I was within the areas with a hurricane warning (i.e. hurricane conditions are expected within 24 hours). My company (who will remain unnamed) wanted everyone to come in. Those who did not come in had their pay docked (salary or hourly didn't matter) and threatened with loss of their pay for Labor Day. We are not an emergency facility whose services are required during an emergency. Is this legal? Can they make us come in during a hurricane warning (or any other environmental emergency) and if we refuse can they punish us for not doing so? Do we as employees have any rights (and can they dock salaried employees so easily)? What laws are in affect explaining these circumstances?

Comments

Similar situation last year

[Dr.Evil]

My company has a policy that we're "always open." Last year, we experienced a blizzard so severe that the city issued tickets to any non-emergency vehicles on the road. The power at the building was also knocked out. Yet when we got back to work, we were expected to make up the time or use Paid Time Off. The excuse made by management was, "Sometimes you have to use you PTO benefit for the company's benefit." (!)

I'd been working there all of a month, or I probably would have contacted a lawyer. If it happens again, I'll definitely be exploring a class-action suit. In a state of emergency, when it's not safe to go to work, it's completely unreasonable to expect employees to come in. If it's not illegal, it ought to be. If I were you, I'd contact a lawyer.

Re:Similar situation last year

[Prior Restraint]

I can't speak for Dr.Evil, but "Paid Time Off" at my employer is any time you take off from work and expect to be paid. That means sick time, vacation, and emergencies.

On 9/11, just about everyone in IT who had direct reports sent all of their subordinates home, since we were all just running to whoever's browser managed to get through to cnn.com or wherever. The next day, there was a company-wide email from HR saying that Yes, yes, it's quite a tragedy, but anyone sent home without at least director-level approval had to use PTO to make up the time not in the office. I was one of the lucky ones in that case, but there were a lot of pissed off people in other parts of the building.

I left early

[BroadbandBradley]

I live in Florida in an area that was sure to be hit by Charley, I left Thursday and got a hotel room for me and my family ( I live 1 block from the Gulf in a low lying area). My work was open that Thursday until 3PM when the "Official" notice came to leave. The hotel I found was full that night and had I waited to leave until I was Allowed to by my employer I would've had a tough time finding a room and may have had to sit in an evacuation center for a few days. Anyhow, I did get a "Written Notice" from my employer for not coming in that day which I signed with a note saying that my family comes before my job.

The good news is that I hated that job and I quit today anyhow. (they're sleazy snakes) all in all, F any employer that asks you to stand in harms way so they can make a buck. If more people took this approach employers would have to be more considerate. I'd guess your employer is a publicly traded company, where Money is the only diety.

Re:What I found

[HughsOnFirst]

here is something
Employers Could Face Civil, Criminal Liabilities


POSTED: 6:17 pm EDT September 4, 2004
MIAMI -- Some employees concerned about being forced to go to work have contacted Local 10 for answers.

Local 10 has received e-mails and phone calls from people who say they are being forced to leave their homes to go to work even though the area is under hurricane evacuation order.

Saturday, State Attorney Katherine Fernandez-Rundle and Miami-Dade County Mayor Alex Penelas addressed those concerns.

Penelas reiterated that no one should be out on the highways and no employer should be forcing employees to go to work unless they are "essential" workers such as medical care workers or law enforcement officers.

Fernandez-Rundle told Local 10's Michael Putney that employers who ignore the county's request and won't do it "for good will and to protect others" should obey the request because they could face both civil and criminal liabilities if an employee is hurt due to being out in th

e storm.

Docking of Pay

[Makoto916]

Visit this page to find out if you are classified as an "Exempt Employee". If you are in that classification, then your pay IS NOT based on hours of work and therfore cannot be docked for missing a day. The downside of exemption is that you also do not have to be paid overtime. The bottom line is you can be fired for not showing up but you cannot be docked if you are classified exempt.

Find out your employment stats by talking with your HR department. They can tell you if you are classified excepmpt under the "Fair Labor Standards Act (FLSA)".

If you are exempt, and your pay has been docked, you have a clear legal case. If you are non-exempt, then your employer is just a jerk.

Re:Right to Work?

[Mr. Slippery]

.. as long as you agree Corporations booting out unions is also part of a free market.

The very existence of corporations is a state intervention.

If a bunch of people want to form a business, and draw up some contracts to that effect, all well and good. But creating an artifical immortal legal "person" with all the rights but few of the responsibilities of genuine humans, that shields the partners from liability for their actions? That's a huge intervention in the marketplace. It's just one that's been around so long we don't even notice its presence.