Is it legal if I was written up for declining to come in when called and requested to on a scheduled day off?

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Is it legal if I was written up for declining to come in when called and requested to on a scheduled day off?

If an employee is scheduled to have a day off and on this day off the get a call requesting them to come in to work to cover someone else’s shift who didn’t come in and they decline because it is their day off, is it legal for the employer to take action such as writing them up, if there was no previous written or verbal disposition stating that an employee must come in whenever called to do so.

Asked on June 20, 2012 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Actually, in the absence of an employment contract guarantying you the right to that day off or otherwise limiting the grounds for discipline, you could have been fired for cause for not coming in when called. When there is no contract setting days, hours, or shifts, the employer determines those at its sole discretion and can change them at will, calling employees in on their days off. If the employee refuses, he disobeyed company directives and was absent from work without authorization, and is subject to any discipline up to and including termination for cause.


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