The simple answer to this question is no, but it does have some conditions applied to it. We will talk about all the circumstances in the article given below. But it is very laborious and rude to make someone work even on their scheduled day off. After all, everyone wants a day to rest after a hectic week at the job. Let’s learn about ‘Can An Employer Make Someone Work On Their Scheduled Day Off?’.
Can My Boss/Employer Make Me Work On My Scheduled Day Off?
Absolutely no, No one is allowed to make you work on your day off, especially on your day off which is scheduled by the company itself. In many places, it is illegal to make someone work even on their day offs or during their sick leave. Although there is a bad part to it. In many states, people are employed under the “At-Will Employment ” agreement. Thus in a few places, it is completely fair and legal to terminate someone from their job if they do not work on their day off, whether it is scheduled or not.
At last, everything depends on the head/Boss. If he wants you to show up at the office even on a day off, you have to get there. This is all due to the “At-Will Agreement”. In many states, this law is being criticized, criticized, as it is extremely unfair to the employees. There are many cases where employers are terminated without any valid reason or time notice.
Hence you should stay aware of your contracts and rights. Most employees are not called during a Scheduled Day off, as it is officially planned by the company itself. Therefore they can’t back off from what they promised to their employees. But in many cases employees are forced to work even on weekends, Day off, or Sick Leave. This is absolutely unjustified.
What Is The “At-Will Agreement”?
“At-Will Agreement” is a very popular employment agreement all around the world. It is majorly used by big companies and chain companies or companies with a big number of employees. Even big successful factories have such agreements with their employees. So what actually is this agreement? “At-Will Agreement” is a policy or a contract signed between the employer and an employee. This agreement basically states the employee is free to leave the job anytime, without any prior notice needed.
Also, he can quit the job for any reason. He has full authority to quit his/her job without anyone questioning the decision or stopping them. But this agreement works two ways. Just like the employee, the Boss/Employer has the full authority and right to terminate you from the job at any time, for any reason, and without any prior notice. This is a very disliked agreement as it has both advantages and disadvantages for employees.
Each year thousands of people are kicked out of their regular jobs due to this agreement. Another thing is that this agreement is actually legal. Unfortunately, not even the court or government can help you earn your job back. This kind of act can not be considered an injustice by the law. Therefore if you have any such agreement signed you need to be careful before denying any of your employer’s requests or orders. Luckily many such countries consider this act as illegal and help those who suffer unjustly. Thus be careful while signing any such contract before joining any job.
Which All States In The USA Follow The At-Will Policy?
If we talk in context to the whole world, mostly all the countries follow such policies and term At-Will Employment as a legal rule in the country. But talking about The states of The USA, you may be surprised that all the states of The USA except one follow the At-Will Policy. Yes, it’s correct! There are currently a total of 50 states in the USA and 49 of them follow this policy.
Luckily the only state that does not follow this rule is Montana. In Montana, this rule is not legal and is either followed. In Montana, these policies are considered completely illegal and can be taken to the government for action. This is why Montana is considered a happy place for employees with a better happy employee rate. Except for Montana, all other 49 states follow the policy/rule without any objection. Even in the capital city, Washington DC At-Will is followed without objection. Eventually, many states are not strict with this rule and just follow it to some extent or in some different way. While 6 states in The USA are such that do not follow any exceptions. These states are as follows:
- New York
- Rhode Island
Can Your Employer Make You Work On Scheduled Day-Off Without an AW Contract?
No, Not at all. No one not even your employer can make you work on your Scheduled day off if you have no AW Contract with the company. Only in cases of emergency, you may get called to work by your employer. Other than this you are free to enjoy your scheduled day off. This is one of the biggest advantages to non-Cw contract employees.
They are free to enjoy their holidays and offs without the risk of getting fired. They are even given prior notice before getting fired. Therefore people without a contract do not need to get tense, they can easily refuse to work on off days. Although there is no state in the USA except Montana, that does not restrict the At-Will Policy. Hence mostly all the jobs in the USA follow the policy in some or another way.
Hence it is said again and again to be aware and vigilant before signing any contract or condition with your employer. In Montana, these acts are considered illegal and no one is allowed to follow the At-Will policy. Montana is very particular with its employment policies and welfare. Other than Montana, New Zealand and Norway are the countries that have the maximum employees benefit policies in the whole world. This justifies why they have the maximum happy employees rate.
Can Your Employer Fire You For Not Working On Day Offs?
Basically, you can get fired for not working on your scheduled day off. Although this does not happen commonly, the answer is yes. Terminating someone’s job just because he/she refuses to work extra is extremely wrong. After working for a long and stressful week, everyone requires a little break. Not just Sundays or mere Holidays. One should also be allowed to enjoy a Few Days off monthly along with 3 to 4 paid holidays in a year. This helps the employee’s mental health and controls workload and stress. One can get fired for not working on a scheduled day off only at the matter of At-Will Contract.
If your employer made you sign an At-Will contract before joining the job then you have a big chance of getting fired for not working on the day off as per your employer’s wish. The reason is according to the contract, your employer can fire you for almost every reason. Therefore refusing any of the orders or requests by your employer could lead to termination. Although you are not necessarily called to work on offs or holidays. But during an emergency, you may be asked/Requested to work. Making people work on their offs is a really cruel thing. Especially office or store employes who have to look after stores or work at the office for long stressful hours. At-Will contact will let your employer give the power to terminate your job for any reason, at any time, and without any prior notice. Thus make sure that you don’t upset your employer and obey their orders.
How To Refuse To Work On Scheduled Day-off To Your Employer?
Now comes the hardest part, what if our employer/boss calls you on your day off but you are not sure how to refuse. Although if you refuse to come to work on offsides, your boss will not force you hard. Not everyone is a nosy boss, hence your employer will surely understand that you are unable to come to work. You will surely feel that you let your boss and her coworkers down, but rest is also important. You should surely refuse to work on your off and let your body get recharged and mind fresh. Hence the problem comes with how to refuse.
You must make the refusal very politely and keep a professional tone. Make sure that you are very clear-cut with your reply/refusal. Don’t write any long reasons or excuses in the reply, this is not at all professional. Hence you should just reply in short that you will not be able to do as told or that will not be working for me. These are some of the best short and precise replies for rejecting your employer’s request. Make sure that you give yourself and your body a little rest before taking any extra work or load on you. Sunday and Day-offs are the only days when an employee can get rest, don’t let anyone disturb you even on those days.
Can My Employer Change The Date Of My Scheduled Day Without Notice?
This completely depends on the Federal Laws of your state or country. In most parts of the country, the answer would be yes. The Employer can change your schedule day off date without your permission, though he may provide you a notice one or two weeks before changes. But in many places, it is restricted. To change someone’s day off date you must take their consent first, after confirmation the company or the employer can make amendments.
These things completely depend on the labor law of different states/countries. Therefore against your employer or company, you must know whether it is accepted by law or not. Most all the states in the USA are in support of such labor laws in their state. Many employee unions and activists work against such rules and protect employees from being misused. If your employer has changed your date off without your permission or without giving prior notice, you can take action but under some circumstances. Hence you should be aware of your off dates and confirm them one or two weeks before taking them. This will lessen the chance of misunderstandings and you will also be sure about the right day and can enjoy your offs happily.
Your employer can possibly make your work even on your Scheduled day off based on whether you have an At-Will agreement with him or not. Most all states in the USA accept the At-Will Policy. Therefore it’s very likely that your employer calls you on your off day and you may have to go to work without objection. Although it is extremely wrong and harsh to make someone work on off days. This shows poor labor laws.
Frequently Asked Question
- How many days long are Scheduled days off?
Most days off are only 3 or 4 days long. You get around 3 or 4 separate days off per year other than paid day-offs. It also depends from company to company. But the average number of days off is 3 or 4 only.
- Does New York accept the At-Will Policy?
Yes, New York is among those countries that follow and accept the policy in all ways without compromising. As it is the hub of employment in the USA. Almost all the companies and shops of the USA sign the At-Will policy with its employees.
- Which state in the USA does not accept the At-Will policy?
The only state in the USA that is against the At-Will Policy is Montana. Montana is strictly against such rules. It supports only those labor laws that bring benefits to society and employees.
- Can my employer terminate my job without reason by giving prior notice?
Yes, your employer or company has the full right to terminate your job by giving prior notice to you. Although if they don’t give notice this may be wrong. But in the case of an At-Will policy, you may get fired even without your knowledge.