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friskyfrog12901
Can an employer fire you for refusing to come in on your day off?
I am a salaried employee and my employer threatened to fire me if I didn't come in on my day off. He harrassed me and told me that I was salaried and he could work me as many hours as he needed to.
Additional Details
So what your telling me is, an employer can make you work 7 days a week and you can't do a thing about it?



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McQueen~PrayingGod~CountingWeeks
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he cant fire you for not coming in on your day off. But he might find some other lame reasons to fire you if he doesnt want you around and even if you are sincere.

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choiceav
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No your day off is your day off next time don't pick up the phone.

If you have an HR office and ask them where you stand on being called in on your days off. And make sure you tell them the story, if you don't have a HR office you need to check with the labor board on this on.

Good luck.

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maryann p
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No ,but he can fire you for some other reason and say it has nothing to do with you not coming in. He can say you are not ding your job up to expectations.

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Judy
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Yes, assuming that you are in an at-will staqte and pretty much all states are, they can even fire for no reason.

The other issue though is overtime pay. Not all salried workers are exempt from getting overtime pay for hours over 40 in a week. There are specific requirements for you to not be paid overtime, even if you are salaried. It depends on what your job is, and how much you make a week. Many people, including many employers, think that if you are salaried you don't get overtime pay - that isn't correct, by federal law. If you are a manager, or a highly compensated professional, you might be exempt from the overtime laws.

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Pengy
You are salary so yes you can be called in on your day off and can be fired for not showing up. Yes you need to work what is needed to get the job done, on the flip side you also get paid the same if you are sick

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Jay L
if you are an at will employee, you can quit for any reason, or for no reason.

The employer can also fire you for any reason, or for no reason.

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molly
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It depends on a number of things - if you live in an "at will" employment State or not, if your employment contract &/or employee handbook speaks to call ins or not, the nature of why you were needed at work, and the nature of the work done by your employer.

If his request was reasonable and if it is typical for the entire company that employees are called in you probably do not have a leg to stand on.

End result really is that he is the boss.

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JC
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You are going to have to contact your states labor board. Laws vary state to state but it is not reasonable to assume that since you are a salaried employee that you would have to work 'as many hours as he needed to'. That is a misconception. In order to even be considered a salry employee as opposed to hourly, you would have to be in a specific position of management and perform actual managerial duties (hiring, firing, supervision, schedule writing, etc). If you do not perform any of those types of duties, you are supposed to be on hourly.
Anyway, aside from your states labor board, here is a link for federal standards.
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17g_salary.pdf

Good luck to you.

ADDITIONAL:
No. Read my second sentence. He is assuming that he can work you 24/7 if he wants and he is wrong.

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