Asked in Employment Law, Business Law and Municipal Law for Massachusetts

Q: In a restaurant if patio is closed can they still make us came in and fill other positions as if we were on call? Ty

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1 Lawyer Answer
Answered
  • Boston, MA
  • Licensed in Massachusetts

A: An employer has the right to ask a waiter or anyone else to come in to work. The question is whether you are required to go in if you were not scheduled. The fact is that you are not required to go in, but assuming you are an employee at will there is nothing to stop the employer from terminating you. Most waiters and staff in a restaurant are subject to a call to come into work, such as when someone is sick. However that does not mean you are on standby or on call. As I said you can tell your employer you can't come in for whatever reason, but if you just don't feel like it, then you may get fired.

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