Employment Law

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I have a question about day offs. So I have usually off on…

Customer Question
Hi, I have a...

Hi, I have a question about day offs. So I have usually off on Thursdays and Fridays, but my boss is making me work on Thanksgiving which is on a Thursday and she did not even ask me if I can work on that day..

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

- California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

- Full time. I work 5 days but than I am told I have too work on my day off and my boss gave me split day offs

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

- Is it right that my boss can do that because she is my boss and she did not ask me first

Submitted: 5 months ago.Category: Employment Law
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Answered in 3 minutes by:
11/15/2017
Employment Lawyer: ScottyMacEsq, Lawyer replied 5 months ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,006
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Unless you have something in writing saying that she can't do this (that they have to ask you first, that you can refuse, etc...) then she can do this. You see, your employment is "at will" (unless you have a written contract or written employment policy that's being violated here). Generally at-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion. There's no law that says that she has to ask you or that she can't change your hours or when you need to work. Of course you need to be paid for that time that you actually work, although California law does not require the employer to pay any additional pay if an employee works on the day of a holiday unless it is part of their common practice or if the employee has worked in excess of a 40 hour, 8 hour per day work week (assuming the employee is an hourly employee).

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Category: Employment Law
Satisfied Customers: 18,006
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Experience: Licensed Texas General Practice Attorney

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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