Legal Question in Business Law in California

Sending someone home

I was told in a business class that if you work in a restaurant and are on the schedule you can still come in to work even if they tell you not to come in that day. I understand if they ask you to not come in and you agree that is one thing but if you did not agree to it then you still can work for that day because it was the company's fault that they overscheduled for the day and not yours. Is this true?


Asked on 7/08/09, 10:54 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Sending someone home

Generally speaking, it is NOT true (as far as I know; I'd be interested to hear arguments to the contrary including arguments from the person who taught the business class). There is an exception in some unionized crafts where an employee with a bulletined assignment can demand to be paid for a day he or she was scheduled to work but was not required or allowed to work due to, let's say, a flight cancellation in the case of an airline pilot or flight attendant. There may be other exceptions, but I do not know of any circumstance where an employee can insist upon hanging around the place of employment if told not to work.

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Answered on 7/09/09, 12:47 am


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