What decides who gets to work and who doesn’t on a holiday?

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What decides who gets to work and who doesn’t on a holiday?

I usually work on Thursdays along with 7 other people. But for holidays since our job location wont need many people they have cut the schedule to 4 people. I was 1of the people who got cut off that particular day. At first Ithought it was based on seniority who gets to work and who doesn’t. But one guy that is working just started working and I’ve been there for more than a year.

Asked on November 23, 2011 under Employment Labor Law, New Jersey

Answers:

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

Answered 9 years ago | Contributor

In an at will employment relationship, an employer can set the terms and conditions of employment. This includes who/when to hire/fire, promote/demote, or increase/decrease either salary/wages. This also includes who works or gets off on holidays.

So unless an employment or union agreement dictates time off on holidays or company policy mandates who gets such off, an employer gets to say who does or doesn't work on a holiday.


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