In many cases, your employer can fire you for not working overtime. However, exceptions based on the nature of your job, your employment agreement, and even state or federal laws may protect your job if you refuse mandatory overtime.
You can learn more about employment regulations with a Boston wage theft and overtime pay dispute lawyer. An attorney can explain your rights and help you determine how you can legally respond to requests for mandatory overtime.
Can You Get Fired for Not Working Overtime?
Your employer can legally fire you for refusing mandatory overtime in most cases if you live in an at-will employment state. Most states use at-will employment laws, meaning an employer can choose to fire an employee for any reason, as long as they do not engage in employment discrimination against an employee in a protected class.
However, some exceptions can protect your employment in this situation. Your employer may not legally fire you for refusing overtime if:
The Action Would Violate an Employment Contract or Union Agreement
The terms of your employment contract could offer protection if your employer tries to order mandatory overtime. For example, your contract could contain mutually agreed-upon terms that allow you to refuse overtime work.
Union agreements may contain similar language or protections. In these cases, your employer cannot fire you for refusing overtime without violating these terms, allowing you to take legal action in the aftermath.
You Refuse Mandatory Overtime Due to Unsafe Working Conditions
You have a right to refuse to work in unsafe conditions. Sometimes, working overtime while fatigued can put you and your fellow employees at risk. If your employer insists on this dangerous activity and fires you for your refusal, you may report it to OSHA.
You can also turn to a Boston labor and employment law firm for help understanding your rights and whether you can be fired for not working overtime.
You Refuse Overtime While on Protected Leave
You should not have to work overtime while on family or medical leave. The Family and Medical Leave Act (FMLA) provides protections to employees who need to take time away from work, and your employer cannot legally violate these protections.
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What if an Employer Orders Overtime and Refuses to Pay You?
Employers cannot order you to work overtime without paying you time-and-a-half in most cases. You could have a case for wage theft and wrongful termination if an employer asks you to work extra hours, refuses to pay you, and then fires you.
Some employers attempt to manipulate employees by asking them to:
- Clock out and keep working
- “Volunteer” after the end of a shift
- Stay late without any extra compensation
The above actions may qualify as a wage violation. Note, however, that some employees will not receive overtime pay when working extra hours. In many cases, this covers salaried white-collar employees.
An attorney can review your situation and help you understand your rights to overtime pay.
You Can Get Help if an Employer Retaliates for Refusal to Work Overtime
Employers may retaliate against employees who refuse overtime without going so far as to fire the employees, even if those employees have a legal reason to refuse. In some cases, employers will:
- Schedule employees for fewer shifts
- Pass employees over for promotions
- Give employees unwanted tasks or jobs
Multiple federal laws protect employees against retaliation, including the FMLA and the Civil Rights Act. You can reach out to an attorney for help right away if you believe you’ve faced retaliation in the workplace.
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Your Options if an Employer Pressures You to Work Overtime
Your employer may require overtime work as long as they do not violate any laws or regulations. However, you can take action if your employer asks you to work unpaid overtime or if an employer retaliates against you for a valid refusal to work.
In this situation, you should:
Keep Careful Records
You need to document everything if you suspect misconduct on the part of your employer. Collect records of the time you work, your pay, and any communications from your employer about overtime hours.
Check Your Contract or Employee Handbook
You should review the terms of your contract or the information provided about overtime and compensation in the employee handbook. In some cases, your employer may directly violate these agreements, and you should share this information with your lawyer.
Talk to HR
In some cases, employees can successfully resolve issues related to overtime work with the HR department. However, you should only take this step if you feel safe approaching the department about the issue.
Reach Out to a Lawyer for Help
Finally, you can get professional help by reaching out to a skilled Boston workplace retaliation lawyer. An attorney can explain your options and stand by you every step of the way.
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Get Help From Our Overtime Pay Dispute Lawyers
So, can you be fired for not working overtime? In many cases, yes, an employer in an at-will state can fire you if you refuse to work mandatory overtime. However, exceptions exist, and if your employer fires you for a valid refusal, you may have a case for retaliation.
You may also have a legal case if your employer forces you to work mandatory overtime and refuses to pay you fairly. You can learn more about these complex legal situations with our team at Duddy, Goodwin & Pollard. We have years of experience, and we’re ready to help you today.
Call or text (860) 999-9394 or complete a Free Case Evaluation form