After a killer week at work, the stress of it all can start to get to you. All you want is a slow morning spent in your slippers, with a bottomless cup of coffee and a good long book. You intend to enjoy every last second of your day off. And then your boss says, "Hey, I need you to come in tomorrow."
Record scratch. Work, on your day off? That can't be legal, can it? While you, of course, have the urge to just say "Forget it, I'm just not going in tomorrow," take a second. Ask yourself, "Can I get fired for not working on my day off?" Because the answer might surprise you.
Can I really get fired for not working on my day off?
YES. As unfair as it may seem, in most states, employers and employees have an "at-will employment" agreement. That means you can quit your job at any time and pretty much for any reason. Unfortunately, this also means your employer can terminate your employment with them at any time as well and for almost any reason.
There are a few legal restrictions, largely having to do with discrimination based on race, religion, gender or sexual orientation. You also can't legally be terminated just because you've filed complaints against your employer or someone in your workplace, nor can you be let go over disputes about things like medical leave.
Having to work on your Sunday Fun Day? Sorry, doesn't count.
Can I get fired for refusing to work overtime?
Coming in on the heels of "Can I get fired for not working on my day off?" is probably a concern about getting fired for refusing to work overtime. Again, the general answer is yes. And again, it has to do with at-will employment. When you enter into a contract with an employer, the basic agreement is that they will pay you to work, so long as you work for the money.
There are some restrictions around how many hours you can work in a row and how many breaks you have to take per so many hours worked. But your employer isn't legally obligated to take your work/life balance into account when setting your schedule. So, refusing to work overtime is akin to breaking that contract: they will pay you to do this work, but you're refusing to do that work. And so it's within their rights to terminate your employment.
Not every employer is going to be hard-nosed about working on your scheduled days off and make it mandatory that you come in. But they might pull the "It would really be great if..." thing which, we all know, can be quite difficult to turn down. You end up feeling bad for not helping your boss or letting down other coworkers who will also be going in on their own days off — which can make you feel not only like a bad employee but a bad person as well.
But let's face it. We all need time to rest and recharge. If your boss is asking you, again, to come in tomorrow, stay a little longer today or come back in tonight: hold fast. The most important thing to do when saying no is to be firm and clear. Don't feel compelled to offer excuses; a simple "that doesn't work for me" should suffice. Be nice, but hold the line. You deserve time away from work.
Can my employer change my work schedule without notice?
Yes and no. Federal law says yes, but some states have their own labor laws that can supersede the federal. And a number of those laws state that employers need to make changes at least a week or more in advance, giving you ample warning. They're also required to pay increased wages, should the schedule be modified with less warning.
As always, being versed in federal and state labor laws is a good idea for all employees, regardless of industry. Know your rights and what will and won't get you fired.
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The general answer is yes. If you have an at-will employment
at-will employment
In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason (that is, without having to establish "just cause" for termination), and without warning, as long as the reason is not illegal (e.g. firing because of the employee's gender, sexual orientation, race, religion, ...
https://en.wikipedia.org › wiki › At-will_employment
with a company, they can fire you for any reason or no reason at all. Not working on your day off could very well be a reason for an employer to terminate you, however unfair that may seem. The legal restrictions on this have to do with discrimination.
So to summarize, yes, your boss can fire you for not answering your phone on your day off. Some employers are respectful of employees' time off. Others may abuse at-will employment laws and harass you consistently on your days off. In fact, they may consider it part of your job.
Regardless of your usual schedule, when you work is 100% up to the employer. The employer can require you to come in early, to stay late, or to be working on your day off. This means that you could be fired on your day off. If you don't work when your employer says you must, you may be terminated.
Unless you have something very specific in your contract that says you are obliged to respond to work related emails, texts or messages on holiday, then you can ignore it.
Normally, if you're a full-time employee, they cannot force you to work on your day off, but they can request that you do so. And if it comes to more than 40 hours a week, they have to pay your time and a 1/2.
So in most jobs, it's understood that when you're on vacation, you're off of work, and the bar for contacting you should be very, very high (if it even exists at all). When an employer thinks it's no big deal to bother you when you're on vacation, it's usually a sign of bigger dysfunction within the organization.
Yes, your employer can require you to work on your day off.
If you do deny it, it is important to note that in most cases, it would be entirely legal for an employer to fire someone over refusal to come work overtime. This employer right is protected under the Fair Labor Standards Act.
Firing someone on their day off might be in poor taste, but there is no legal requirement that employers have to wait for an employee to return to work before firing them. While an employer can fire you on your day off, there are some restrictions on how much advance notice your employer must give you.
Paid vacation time or sick time is not legally required in most areas of the United States, so even if you request time away, your employer usually does not have to give it to you. Your employer can generally deny your request for time off if you are using vacation time, paid time off (PTO), or sick time.
Can employees who refuse to work overtime be fired? Yes, an employee who is not exempt from overtime rules and who refuses to work overtime can be fired. as long as they're not terminated for an illegal reason.
Be firm about optional shifts. When a supervisor asks you to take a shift on your day off or asks you to cover a colleague's shift and you're unavailable, be kind but firm. Remember that you're not responsible for working outside of your set schedule.
Now, there is no law that says you must absolutely respond to the messages your boss sends; however, the problem for you here is that if you don't, they can terminate. I wish it were different, and it's not fair. I'm so very sorry.
Thus, under the FLSA, it is not illegal for your employer to fire you if you refuse to work overtime. Similarly in California, employers may discipline or terminate an employee if they refuse to work overtime hours.
While employers cannot ask about the specifics of your illness, they can inquire about your general ability to perform your job duties. For example, they may ask if you are able to come to work or if you require any accommodations.
Your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. The FLSA sets no limits on how many hours a day or week your employer can require you to work.
If your boss is calling you late at night, it is important you ask yourself if your job description clearly stipulated that you are required to answer calls 24/7, or was it simply “implied”. If it was implied, did you clear out this ambiguity and ask for it clearly? Most probably not.
Car (or Other) Accident. Accidents are unexpected events and usually qualify as legitimate requests for sudden leave, especially if serious injuries are involved. ...
Introduction: My name is Pres. Carey Rath, I am a faithful, funny, vast, joyous, lively, brave, glamorous person who loves writing and wants to share my knowledge and understanding with you.
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