Is it legal for a boss to tell you you have to work on your scheduled day off which is a holiday weekend but you had already made plans to be out of town?

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Is it legal for a boss to tell you you have to work on your scheduled day off which is a holiday weekend but you had already made plans to be out of town?

My boss informed me last Saturday that I’m going to have to work this Sunday, the day before Memorial Day. However, I had already had plans to go out of town because I was scheduled to be off. The reason I have to fill in is so her husband can go to a race which my boss says her husband attends every year. Shouldn’t she have already known who is going to work and give them a heads up that they were going to have them working the holiday weekend. Especially since most people make plans if they are off? She did have a year to plan in this. Is this even legal?

Asked on May 23, 2018 under Employment Labor Law, Virginia

Answers:

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

Answered 3 years ago | Contributor

Unless changing an employee's approved day off violates the terms of an employment contract or union agreement, it has the right to do so (absent some form of leglly actionable discrimination). The fact is that a company can set the conditions of the workplace much as it sees fit. 


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