During his years of practice, Yuriy has concentrated in litigation and real estate transactions as his areas of expertise.
Đang xem: How you get fired on your day off
Employment attorneys commonly hear termination stories about firings that simply seem immoral or plain wrong.
As employment lawyers, we have heard plenty of stories about bizarre firings, such as termination over workplace arguments and fights, gossiping about a colleague’s personal life, or downloading personal files onto a work computer.
While these situations may not all seem like valid reasons to fire someone, they all were perfectly legal.
Labor Lawyer NYC Free Consultation
The same is generally true of refusing to work on a day off. Most employment attorneys will agree that termination cases are difficult to win due to the at-will structure of employment in this country.
There must be a legal reason why a termination is wrongful for any liability to be imputed on the employer.
The question of termination due to taking a day off is relatively complicated, however, and will depend on the circumstances.
Can my Job Make me Work on my Day Off and Fire me if I Refuse?
Firing an employee during his or her day off is a complicated question in employment law. Unfortunately for most workers the answer is: yes.
Read more: wow vanilla extra action bar addon
You can be fired on your day off for refusing to show up at work if your employer asks you to come.
Unfortunately, the employer is not required to change your work schedule merely because you request the same.
But there are several instances where being terminated during a day off may be illegal. We will describe them here.
What Is At-Will Employment?
First, a bit of background on the employment law framework in almost all of the states would be useful to help better explain the current state of whether termination is illegal. Almost every state follows the rule of at-will employment.
This means that employees can generally be fired at any time, for any reason, no reason, or even a false reason.
This rule may seem draconian and ripe for employer abuse at first; however, the rule also benefits employees, who can choose to take any available employment and quit at any time.
Historically, the rule evolved as a response to feudalism and indentured servitude practices. Without at-will employment, landed servitude might still be common practice.
Read more: wow classic can shamans dual wield
An at-will employee can be fired at any time, for any legal reason. If the employer decides to let you go, that’s the end of your job–and you have very limited legal rights to fight your termination.