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  1. #1
    Join Date
    Apr 2018
    Posts
    1

    Default Can Employers Make Employees Work Past the End of Scheduled Shifts

    My question involves labor and employment law for the state of: Minnesota

    My question is simple: How can employers require employees to be on time for their scheduled shifts and not be held to the same standards in making sure employees are able to leave at the shifts scheduled out time? If an employee can be reprimanded for showing up to their shift a couple minutes late, why then is there nothing to protect employees for the reverse.

    I understand MN is at at will state, however if applying for unemployment this documentation would be used to deny them at a hearing. I am new to this forum and this is not something that has happened to me, just a topic for discussion.

    Thanks for your attention and feedback in advance!

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Tardiness

    Absent a binding contract that says your hours end at an exact time, the employer is under no requirement to let you leave at your shift's end. Even in contracts, there are likely to be allowances for overages.

  3. #3
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Tardiness

    You get paid to work late. If you aren't there on time work doesn't get done.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Tardiness

    There is absolutely no legal significance to shifts or schedules. Mandatory overtime is legal in all 50 states.

    The employer's first responsibility is to the business as a whole. He can't keep the business running effectively if employees are wandering in and out whenever they feel like it instead of showing up when they're scheduled.

    There isn't any law, anywhere in the US, that requires an employer to maintain a single standard for all employees and for himself. There can be just and valid reasons to apply different standards to different employees and different situations.

    Bottom line is, show up on time. Maybe if more employees did, there wouldn't be any need to keep them after the end of shift.

  5. #5
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Tardiness

    And unemployment insurance, which is related to being out of work "through no fault of your own" is an insurance program, for a very limited amount of money, for a very limited amount of time. It is in no way any kind of substitute for a job, it is just a temporary insurance program which is paid for by employers, to make sure that if their employees are off work through no fault of their own, they'll have some minimal amount of money coming in. If a person is fired, for example, for refusing to work over to finish out a shift, etc. the employer can fire them, and will very likely be able to prove it was misconduct, in that it is not unreasonable to require that the employee finish a job, as long as they are being paid for the hours and time worked. This is not an unemployment insurance issue, it is a wage and hour issue. You must be paid, at at least minimum wage for all the time you work. If you refuse, the employer has the right to terminate you. Did he have a valid misconduct reason to terminate you? Then you would not be approved to draw unemployment while seeking another job. This is what would be determined in a hearing regarding unemployment insurance. In the meantime, I'd start showing up on time. If your employer asks you to stay late to get your job done, make sure you're getting paid, and decide if you want to be fired, probably without being able to receive unemployment benefits, before you refuse.

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