Legal Question in Criminal Law in Virginia

As a Virginia state employee in a facility for persons with intellectual disabilities, there is always an issue of have enough staff for coverage of shifts. Recently it has been passed down that the admin on duty can't "require" you to work overtime, but there has been a new policy stating that if we are "required in place" we are not allowed to leave the building we work on unless we find our own coverage from another shift to come in early. They claim that if we refuse or leave we will be "terminated, arrested, and charged with abuse and neglect". This would not be an issue except for this is now an everyday occurrence, what legal ground do they and I have to stand on?

Asked on 5/28/13, 2:30 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law

No idea, but I would suggest that you take it up with your state employees' union representative.

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Answered on 5/28/13, 2:02 pm

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