Can an employer fire a worker that refuses to work on his scheduled day off? My boss said my refusal is an act of insubordination.
There is generally nothing illegal about your employer requiring you to work on your scheduled day off, and insubordination is generally considered good cause for figin a worker. You can comply with the deman or appeal to higher management, but if push comes to shove, you'd probably be out, not the boss.
A boss has to look after the needs of the business first. If there is a real need for you to be there on what was a scheduled day off, and there is no real hardship or very strong reason why you couldn't shift your schedule once in a while (like you are getting married on the day the boss wants you to work, or attending an out of town event with non-refundable plane tickets) but you are unwilling to be flexible, you could be history.
However, if your scheduled day-off is your day of worship, you may have grounds for refusal based on your legal right to be accommodated for your religious practices. Also, if you end up working overtime (more than 40 hours/week), you have a right to be paid 1.5 times your regular rate.
(Reviewed 9-08) |