Can I be suspended for not working on my day off?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 5 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).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption