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Fired for taking a vacation

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firelady47

Junior Member
:(What is the name of your state (only U.S. law)? New jersey
I was given a vacation for Valentine's day by my fiancee. I work in a restaurant as a waitress and the vacation happens to begin on the day before mother's day. I informed my boss the next day, Feb 15th, telling her that I was given a vacation but would not be able to work on Mother's day because I would be on vacation. I do not get paid vacations and everyone who takes a vacation does so with that knowledge. She told me that if I did not work on that day, she would fire me. I am one of her top workers , filling in for others and even work on my days off if she needs me. Can she legally fire me?
 
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ecmst12

Senior Member
Of course she can legally fire you. What law do you think that will be breaking? At Will employment means that you can be fired for any reason or no reason as long as there is not a specific law preventing it.
 

cbg

I'm a Northern Girl
Yes, she can legally fire you for not working on one of the busiest days in the year. Particularly since you have already been told you cannot have the day off.

You do not, under any law in any state, have a protected right to say what days you will and will not work, regardless of whether you get paid vacations or not.

If you are fired, you will have no grounds to sue.
 

justalayman

Senior Member
Any info or advice would be helpful as I intend to hire a lawyer if she fires me, but I need to know my rights
as the others have said;

don't waste your money on a lawyer. She has every right to fire you for refusing to work on any day she says you have to work.

So, your rights:

you have the right to work when the boss says you can
you have the right to time off when the boss allows it
you have the right to find another job if this one doesn't suit you
 

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