Can I be suspended for not working on my day off?
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Can I be suspended for not working on my day off?
I am a salaried employee and work Monday-Friday. I was called Saturday to come to work on my day off but I was not able to as I already had plans. However, I was suspended for a week because I did not come in without pay. Is this legal?
Asked on February 19, 2016 under Employment Labor Law, Nevada
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes you can. In fact, you can be discharged for this. The reason is that most employment arrangements are what is known as "at will". This means that a company can set the conditions of employment much as it sees fit. This includes who to schedule and when. For their part, an employee can either work their assigned hours, quit or risk suspension/termination.
That having been said, if an employee's scheduled day off is their day of worship, they may have grounds for refusing to report to work based on the legal right to be accommodated for religious practices. And to the extent that they end up working overtime (more than 40 hours/week), they have a right to be paid 1.5 times their regular rate. Additionally, such a suspension would be illegal if it breaches the terms of a union agreement or employment contract, or if it in some way constitutes some form of actionable discrimination (in addition to religion, that would be unfavorable treatment based on race, nationality, age (over 40), disability or gender).
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