Can I be fired for refusing to work on a scheduled day off?

My boss has scheduled me to be working on my day off. Can I be fired for refusing to work on a scheduled day off? 

We’d all like to think that we have some say at work—ideally, that we and our employers are essentially in a partnership, working together for mutual benefit. Of course, we’d also all like to think that life is fair and virtue is rewarded, but we know that’s often not the case. Similarly, we generally don’t have a say at work, unless the employer chooses of its free will to give us one.

Can I be fired for refusing to work on a scheduled day off?

Employment in the United States is “employment at will.” The most dramatic consequence of that is that, with very few exceptions, an employer may fire an employee at any time, for any reason. But there are other implications of employment at will, too. One of them is that the employer, not the employee, sets the schedule at work; your employer can tell you when to work, and can change your schedule at will, without prior notice. (This is a logical consequence of employment at will: if the employer has the power to terminate you at will, it could clearly tell you when to come into work.) 

Regardless of your usual schedule, when you work is 100% up to the employer. The employer can require you to come in early, to stay late, or to be working on your day off. This means that you could be fired on your day off. If you don’t work when your employer says you must, you may be terminated. Worse, you could be terminated “for cause.” A for-cause termination is when the employee does “something”, other than just generally mediocre or even poor performance, which “something” is considered a good cause for termination. More dramatic examples include theft or assault at work or stealing, but less dramatic examples include insubordination and violating your manager’s instructions. Refusing to work when your employer tells you—including working on your day off—would be both insubordination and violating employer instructions, and so would potentially constitute good cause for termination. The fallout from your refusal is that if your employer chose to treat this as a for-cause termination, you would not be eligible for unemployment benefits.  For-cause termination deprives you of unemployment.

What are the exceptions?

If you have an actual written employment contract setting out your days off, that would be different: a contract is binding on both employer and employee and is enforceable against both. Your employer cannot make you work on a day contractually guaranteed to be your day off.

Also, U.S. law requires a “reasonable accommodation” to employee religious practices. If you have the day off to attend worship services or because your faith doesn’t let you work that day, the employer cannot require you to work then, or punish you for refusing to work. (If they do, contact an employment law attorney.) But it has to be a sincerely held religious belief, and the day off must be for religious observances or services.

Written employment contracts and religion are the only reasons the employer could not require you to work on your day off—and fire you if you don’t. There is some good news, though, at least for hourly employees. You have to be paid for all hours worked, so you’ll be paid for working on your day off. And if you are a non-exempt employee (that is, eligible for overtime), if working on your day off pushes you over 40 hours for the week, you will get overtime.

Case Studies: Refusing to Work on a Scheduled Day Off

Case Study 1: Violation of Contractual Agreement

David Collins had a written employment contract that guaranteed him specific days off each week. When his employer scheduled him to work on one of his designated days off, David refused to comply, citing the terms of his contract. Despite his refusal, his employer insisted that he must work on the scheduled day off.

David consulted an employment law attorney, who determined that his employer was in breach of the employment contract. David decided to take legal action against his employer, seeking damages for the violation of his contractual rights.

Case Study 2: Religious Accommodation

Maria Rodriguez had requested a specific day off each week to observe her religious practices. When her employer scheduled her to work on that day, Maria refused and explained that it was against her religious beliefs to work on that specific day. Her employer threatened to terminate her if she didn’t comply. Feeling that her religious rights were being violated, Maria sought legal advice.

An employment law attorney confirmed that Maria was entitled to reasonable religious accommodations, including the designated day off. Maria filed a complaint against her employer for religious discrimination and sought legal remedies for the employer’s actions.

Case Study 3: Lack of Contractual Protections

Michael Thompson, an hourly employee, was scheduled to work on his day off. Although he had no specific employment contract guaranteeing certain days off, Michael believed that his employer’s request was unfair. However, he knew that refusing to work on his scheduled day off could result in termination.

Seeking guidance, Michael consulted an employment law attorney, who explained that, without contractual protections or religious accommodations, his employer had the right to set his work schedule, including assigning him to work on his day off. Michael decided to comply with his employer’s request but documented the situation for future reference.