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legaleagle, Lawyer (JD)
Category: Legal
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Experience:  Attorney-Business degree from The University of Texas
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I worked 10 days in a row without a day off. When I asked ...

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I worked 10 days in a row without a day off. When I asked the business owner for a day off because I was tired, she said she was tired too and gave me a bad time, asking me who was going to do the work, then slammed the phone in my ear. I then quit to get a day off. Do I have the right to file for unemployment? Or a right to sue?
There is no legal requirement that you be given a day off as long as you are being paid overtime compensation for hours worked over 40 hours a week. So if the employer is opened 7 days a week you could be required to work 7 days a week. You can file for unemployment, but you are only eligible to recieve compensation if you quit for good cause connected with the work or you were fired for a reason that was not misconduct connected with the work. Not being given a day off is not good cause, but you can still file a claim and see if the unemployment office will determine you did have good cause especially if you were not being paid for your overtime, you may have a payday claim for the pay you did not recieve.
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