Can my employer force me to take a day off to equal out my holiday pay?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my employer force me to take a day off to equal out my holiday pay?

Is it legal for them to force me to take
off so that i dont incrue overtime? Isnt
that what working a holiday is all about

Asked on June 11, 2016 under Employment Labor Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

While I understand your point, the fact is that in most employment relationships a company can set the conditions of work much as it sees fit. This is known as "at will" employment. Accordingly, if your employer wants you to take a day to equal out your holiday pay, you must either comply, complain and risk termination, or quit. This is so long as this action does not violate the terms of a union agreement, employment contract or company policy. Also, your treatment must not constitute any form of legally actionable discrimination.

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 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 lock Secured with SHA-256 Encryption