You may have an experience where either you know someone who has been laid off. Sometimes it feels unfair, and potentially not justified. Most people will say that in your free time, you should feel safe. So, can you get fired on your day off, especially during Carnival?
Definition of at Will Employment
In US law there exists the term “At Will” employment which means an employee can be fired for almost any reason. But at the same time exists guidelines fixed in state laws that provide illegal activities as the grounds for letting someone go. These generally are brought up when either a federal law, employment law, or another law requiring action needed from the behaviors exhibited by the employee. If you were fired on your day off, it’s probably the result of a previous situation. Could be poor job performance or maybe your boss is just not in a good mood. There are some grounds that are protected as to illegal reasons to be terminated. Some of those could include different types of infringement: sexual, age, pregnancy and racial discrimination.
It would be completely legal to let you go because of the reason that is not listed above. There are really small chances that you are protected if it happens, because nowadays employers do not want to deal with the terms of law. This sounds like it puts all of the power on the company’s side, and it kind of does. Basically if you accomplish your job, show good results and employers are happy with your outcome, you could take time off without needing to worry because an employer has no reasons to change you to someone else. Don’t make stress out of it, because you always have your rights.
Exceptions to At Will Employment
As mentioned before, even with most states being at will employment states, exceptions still exist. Federal and State laws have statements which will help protect employees. Medical leave is one thing that is protected. Other things that are protected are discriminatory. We mentioned a couple things before to illustrate some examples of exceptions to at will employment. A few other protected classes being illegal to discriminate against include:
- People with disabilities
- People in particular marital status
- Sexual orientation discrimination
- Religious discrimination
- Ethnicity discrimination
There are several others that can protect you from being fired on your day off.
Can You Really Get Fired on Your Day Off?
Bottom line is that you, in fact, can be fired on your day off. Although you need to be notified about firing, nothing stops the employer from firing you at any time for other reasons. On the lighter side of things, even though an employer can fire an employee without cause, this very rarely happens. As long as you maintain a positive employer and employee relationship you will likely not encounter this situation. Almost every employment contract should be severed with cause. You should be fine until you give reasons to get fired on your day off.
Getting fired for refusing to work overtime
Unfortunately, you can be fired after refusing to work overtime. If you live in an at-will employment state, as long as the company is following state laws and federal law, it’s a yes. Employment law does protect some specific situations and protected classes but refusing to work overtime is not one of those. An employer can fire you if or pretty much any reason that they see is viable, as long as it is also legal.
Can I Get Fired for Not Answering My Phone on My Day Off?
Because most states are at will employment states, chances are that you can get fired for not answering your phone on your day off. Refusing to work on a day off is not an illegal reason for a boss to fire an employee. Most times if you refuse to work when you have time off, you won’t be fired without other outstanding grievances. In this situation an employer can fire their employee who doesn’t answer their phone on a day off.
Can I Be Fired for Missing One Day of Work?
If you miss one day of work, you can absolutely get let go. Most state laws only have law requiring them to avoid termination based on certain illegal areas of discrimination. If you miss one day of work, it is not a part of the protected classes and can be a cause for reasonable termination. Again, this is because most states are at will employment and can let someone go for any reason that is not labeled as illegal.
Contact a Labor Attorney for a Help
If you got fired on your day off and need legal advice, you can contact a new york labor attorney for advice on how to proceed. You can get advice and help from an employment lawyer on what your rights are. You need to know how you are protected based on your employment contract. They are experts on employment law as well as state laws to help you get what you deserve.
Vitalii Nedzelenko is the marketing manager of Good Zone Service & Repairs.
He is passionate about technologies, gadgets, digital marketing, labor laws and issues.