Can my employer fire me because I didn’t come in on my day off?

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Can my employer fire me because I didn’t come in on my day off?

I work Sunday through Thursday. Now, my employery wants me to work both of my days off. However, I only get visits with my son every other week and this week was with my son. My employer wants me to go in but I have no one to leave my kid with.

Asked on November 25, 2017 under Employment Labor Law, California

Answers:

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

Answered 6 years ago | Contributor

Unfortunately, unless you have an employment contract or union agreement to the contrary, you have no claim here. The fact is that most work relationships are "at will" which means that a company can set the condititions of employment much as it sees fit (absent some form of legally actionable discrimination). For your part, you can either work the days hat you are scheduled, refuse but risk termination, or quit.


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