Employer threatens firing

[tuffbrk]

What is the name of your state (only U.S. law)? NJ
My boss has advised that if I don't come to work tomorrow - my scheduled day off - that he will fire me and deny me unemployment. He is claiming that it is mandatory overtime. However, since he sent me home early due to lack of business yesterday and told me to not report today, he told me that he will not be paying me OT.

Can this be qualified mandatory OT if I'm not being paid overtime? I presume that he can fire me for whatever reason he chooses but could I be denied unemployment?

 

[las365]

You are only entitled to overtime (time and a half) pay if you are a non-exepmt employee and you work more than 40 hours in a given workweek. Your remedy if you are not paid overtime to which you are entitled under the law is to pursue a wage claim under your state law or the FLSA.

Your employer can fire you for cause for refusing to work, even if it is your scheduled day off and you were sent home due to lack of work the day before. Such a refusal on your part would likely preclude you from entitlement to unemployment benefits if you are fired.

If I were you, I would go to work tomorrow. And I would also start looking for another job.

 

[tuffbrk]

Thank you for your time and prompt response.

 

[TinkerBelleLuvr]

Hey, longtime no see! How are you doing?

 

[swalsh411]

Do you have a good reason why you can't work other than you don't want to? For example

-inclement weather precludes safe travel
-out of town
-family commitment
-lack of child care

If you were told tomorrow was your day off and you relied upon upon that and made plans accordingly and at the 11th hour your employer told you that you had to work but you had a good reason why you couldn't so you didn't go to work and you were fired this might not be considered misconduct so you could collect unemployment. (run on sentence I know).

Your situation is different than a person flat-out refusing to work a certain day or a certain shift which generally is disqualifying. You're still better off doing whatever you can to keep your job though.

 

[pattytx]

I wouldn't take that chance for one day.