Terminated on Your Day Off: Can This Really Happen?
Learning you lost or are about to lose your job can be shocking. But can your employer fire you on your day off?
Unfortunately, the answer to this question is usually yes. In Tennessee, your employer can fire you at any time for almost any reason unless they violate state or federal anti-discrimination laws. But knowing whether your employer violated the law can be difficult unless you know how the relevant labor laws might apply to your case.
If you believe you were wrongfully terminated, the Tennessee employment lawyers at the Employment and Commerce Law Group can determine whether your boss violated your rights. Call or contact us today for a free case review.
Is It Possible to Be Fired on a Day Off?
In Tennessee, employers have broad discretion over when they can fire their employees. Their authority includes the right to fire someone whenever they want, in most circumstances, including on an employee’s day off. Firing someone on their day off might be in poor taste, but there is no legal requirement that employers have to wait for an employee to return to work before firing them.
While an employer can fire you on your day off, there are some restrictions on how much advance notice your employer must give you. Under the federal Worker Adjustment and Retraining Notification (WARN) Act, most businesses with 100 or more employees must provide at least 60 days’ notice before closing a plant or initiating mass layoffs. However, even if your employer must give you at least 60 days’ notice before firing you, they can submit their required notice on your day off.
At-Will Employment: What is It?
At-will employment means your employer can fire you for essentially any reason, unless it violates anti-discrimination laws or your employment contract. Most states, including Tennessee, follow the at-will employment doctrine.
Am I an At-Will Employee?
Most workers in Tennessee are at-will employees. Government workers and some unionized businesses may have more protections, but these groups represent a small portion of Tennessee’s workforce.
Can You Get Fired for Refusing to Work Overtime?
In at-will employment states, your employer has the right to fire you for refusing to work overtime. However, your employer must pay you extra for overtime unless you qualify as an exempt employee under the Fair Labor Standards Act. Contact an employment lawyer immediately if your employer forces you to work overtime and does not pay you accordingly.
Get Help From our Employment Lawyer in Nashville, TN
While Tennessee employers have significant authority over their workers, you also have rights. The Nashville employment lawyers with Employment and Commerce Law Group are committed to protecting the rights of Tennessee workers. If you have questions about a labor matter, call us today or visit our contact page for a free consultation.