Can an employer force you to work on your day off? (2024)

FAQs

Can an employer force you to work on your day off? ›

Yes, your employer can require you to work on your day off.

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.

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.

Written employment contracts and religion are the only reasons the employer could not require you to work on your day off—and fire you if you don't. There is some good news, though, at least for hourly employees. You have to be paid for all hours worked, so you'll be paid for working on your day off.

Some state constitutions specifically include a right to privacy, which prevents private employers from looking into their employees' off-duty activity. Some states, including California, have laws prohibiting employers from taking any job-related action based on a worker's lawful conduct off the job.

Always remember that you're not doing anything wrong by refusing your boss's request. You were not scheduled to work, so you don't need to go in — and you don't need to feel guilty about it, either.

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.

Paid Time Off (PTO) and Off-the-Clock Work

Legally, when an employee is on PTO, they are relieved from their regular work responsibilities, which should include freedom from checking work emails or engaging in work-related communication.

Your employer is asking if you will report to work and is cautioning you about what s/he percieves to be a negative attitiude. The employer is allowed to text you after work hours, but is required to pay you for the time you spend reading and responding to the text messages..

Can I refuse to work on my off day? ›

Your employer cannot compel you to work on a rest day, unless under exceptional circ*mstances.

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.

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.

People, rightfully so, are under the impression that you cannot get fired on a day where you did not come into work. But your job might disagree. Your employer does have the right to fire you at any time. This is called at-will employment.

Employment Lawyer: Patrick, Esq. They can require you to be on-call, yes.

It is against the law for your boss to ask you do work off the clock. If your employer asks you to work before or after your regular shift without pay, that amounts to wage theft. In many cases, doing so could put your wages under minimum wage, which is a separate violation.

You don't “have” to do anything unless your job description clearly states you do. You may do it because it is moral or responsible or respectful, but keep in mind that you are not obligated to do so.