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Work Advice: Snowed in? Your boss can fire you

The blizzard that walloped the East Coast in late January brought a flurry of questions:

Q: Do you have any advice for workers whose jobs are being threatened if they're unable to come to work because of weather? Do employees have any recourse if their bosses insist on their coming in to their (nonessential) jobs when public transit isn't running, many main roads haven't even been plowed and authorities are urging people to avoid nonessential travel? I assume I cannot sue for wrongful termination in an at-will employment state. If I am fired because I couldn't or wouldn't come to work under these circumstances, will I be eligible for unemployment?

A: When a major winter storm or other act of nature brings a community to a standstill, "you'd like to think that 99 percent of employers are going to be reasonable" about weighing business needs against workers' well-being, says Paula Brantner, executive director of Workplace Fairness.

Ideally, both public and private employers have a contingency plan for carrying out their essential missions with minimal risk to workers. Some might offer incentives and accommodations for workers willing to stay on-site, or arrange for door-to-door transportation.

Unfortunately, although some legal protections are available to motor-carrier employees or those commuting in company vehicles, most employees have little, if any, recourse if they're ordered in to work, come hell or high drifts. Your best bet is appealing to the boss's sense of compassion - or fear of bad headlines.

If you lose your job because traveling to work wasn't possible or reasonably safe, Brantner recommends collecting evidence - printouts of public alerts, date-stamped photos of your unplowed neighborhood roads - to support your case for unemployment benefits.

Q: I work at a clinic. If it is closed for a snow day or holiday, staff are forced to use paid time off. Is this legal?

A: Yes. If you are nonexempt under the Fair Labor Standards Act - generally, subject to minimum wage and overtime laws - then you are entitled to receive pay only for the hours you work, whether on-site or remotely, unless you use paid leave to fill the gaps.

If you are exempt, your employer can also make you use PTO when the office is closed - but exempt workers with no PTO left may still end up getting paid for the full workweek. Employers can dock salaries in only a few limited cases; otherwise, if the employee is "ready, willing and able to work," an employer can't dock pay for absences "caused by the employer," according to the Labor Department.

Thanks to employment lawyer Tom Spiggle and Suzanne Lucas (evilhrlady.org).

• Miller has written for and edited tax publications for 16 years, most recently for the accounting firm KPMG's Washington National Tax office. Ask her about your work dramas and traumas by emailing wpmagazine@washpost.com. On Twitter: @KarlaAtWork.

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