Can You Be Fired From Work During an Extreme Weather Event?

As a result, people are asking: “What are my rights at work during a hurricane or other natural disaster?” Most states in the U.S. have few legal protections for workers in the face of natural disasters. According to the Society for Human Resource Management², employers have full legal reign to terminate workers who do not show up to work due to inclement weather in most states. Furthermore, companies do not have to pay non-exempt employees (employees who are subject to overtime) for hours that they do not work as a result of a storm or other natural disaster. Finally, employers can require exempt employees who stay home due to the weather to take leave without pay or use vacation time when they do not show up to work. The U.S. Department of Labor has some additional information for workers whose employment has been disrupted by natural disasters.

In North Carolina specifically, the state’s emergency declaration does not “overrule an employer’s rights under state law to fire a worker for not showing up or leaving without permission,” although some attorneys say there could be legal options available to employees.

While most workers don’t have many legal protections during a hurricane, every employer has different guidelines when it comes to responding to a natural disaster. For example, during Hurricane Irma in 2017, Universal Orlando paid its theme park employees for the shifts they lost as a result of the storm. Even though workers may not have the legal right to take work off without repercussions, employers are often sensitive to public pressure when workers and their supporters call for more generous policies.