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Can you be fired for not working overtime

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jrosie

Junior Member
What is the name of your state (only U.S. law)? NJ

My father is working at a company that is requiring him to work overtime almost every day. He gets home and then they call him back. They keep threatening him that if he doesn't do it then they will find someone who can (meaning firing him). He doesn't have a problem with getting paid or anything like that and he's definitely will to work some overtime but they are just expecting him to work way too many hours. Is there any recourse?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NJ

My father is working at a company that is requiring him to work overtime almost every day. He gets home and then they call him back. They keep threatening him that if he doesn't do it then they will find someone who can (meaning firing him). He doesn't have a problem with getting paid or anything like that and he's definitely will to work some overtime but they are just expecting him to work way too many hours. Is there any recourse?
Q: CAN YOU BE FIRED FOR NOT WORKING OVERTIME?

A: YES

Your dad's recourse is to find a job that better fits his desired work hours.
 

cbg

I'm a Northern Girl
Yes, you can be fired for not working overtime. Mandatory overtime is legal in all 50 states.

There are only two states that limit the number of hours an employee can be required to work in a week/pay period. NJ is neither of them.

Ziggie has correctly provided the legal recourse.
 

jrosie

Junior Member
So if he decided not to work as much overtime and was fired would he be able to collect unemployment?
 

applecruncher

Senior Member
So if he decided not to work as much overtime and was fired would he be able to collect unemployment?
Most likely, yes.
I can see where getting home then being called to come back would be a pain, but not much he can do about it. :(

(My own brother was fired several years ago because he was told to stay and work overtime, he said "No, I don't want to" and clocked out - next day he was fired - after working there for 6 yrs. . . although I suspect there were other issues. He did collect unemployment - which was a far cry from what he was earning.)
 

commentator

Senior Member
Er, excuse me, but most likely NO is my opinion in answer to the question about his being able to draw unemployment!

He is not only not out of work through no fault of his own, he is out of work because of something that he has been accepting for quite a while, in other words, he is working the overtime, going back in, doing what they ask him to do, and suddenly he decides he's tired of it, he wants a 40 hour a week job only. That is NOT a voluntary quit that will get you approved for unemployment. Same with if he says , "No, I'm not coming back in and working any more hours today," and they say, "you're fired." This is refusing work and can be construed as misconduct=no unemployment.

Whatever the situation with this other person mentioned, it sounds like he quit the first time he was asked to work the extra hours, he hadn't been doing it for a while and then decided he didn't want to do it any more. And of course, each person's individual unemployment situation is different.

I would strongly suggest that your father not count on getting unemployment if he quits the job due to too much overtime. Or if he gets himself fired by refusing to work the overtime.

There are many construction companies that keep people from receiving unemployment benefits simply because they tell them that they are going to have to work overtime, and then they load them down with so much overtime that the person becomes too exhausted to work and has to quit. But this person does NOT receive unemployment benefits, because he knew full well that he was going to have to work overtime, he agreed to it for a period, and then when he quits, it is his personal decision to do so.
 
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applecruncher

Senior Member
Er, excuse me, but most likely NO is my opinion in answer to the question about his being able to draw unemployment!

He is not only not out of work through no fault of his own, he is out of work because of something that he has been accepting for quite a while, in other words, he is working the overtime, going back in, doing what they ask him to do, and suddenly he decides he's tired of it, he wants a 40 hour a week job only. That is NOT a voluntary quit that will get you approved for unemployment. Same with if he says , "No, I'm not coming back in and working any more hours today," and they say, "you're fired." This is refusing work and can be construed as misconduct=no unemployment.

Whatever the situation with this other person mentioned, it sounds like he quit the first time he was asked to work the extra hours, he hadn't been doing it for a while and then decided he didn't want to do it any more. And of course, each person's individual unemployment situation is different.

I would strongly suggest that your father not count on getting unemployment if he quits the job due to too much overtime. Or if he gets himself fired by refusing to work the overtime.

There are many construction companies that keep people from receiving unemployment benefits simply because they tell them that they are going to have to work overtime, and then they load them down with so much overtime that the person becomes too exhausted to work and has to quit. But this person does NOT receive unemployment benefits, because he knew full well that he was going to have to work overtime, he agreed to it for a period, and then when he quits, it is his personal decision to do so.
No need to excuse yourself; there is nothing wrong with disagreeing or having another opinion.

If by “this other person mentioned” you mean the example I gave, you are incorrect – he did not quit, and it was not the first time he was asked to asked to work the extra hours. He simply did not want to work extra hours that particular night. Also, it was not a construction company. He was fired for refusing to work overtime, and the employer chose not to contest his unemployment. (OTOH, if my example is not the one you’re referring to, then excuse ME, but it’s the only one I see as of right now. I've read all the other posts except one.)

Yes, each person’s individual unemployment situation IS different.
 
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Zigner

Senior Member, Non-Attorney
No need to excuse yourself; there is nothing wrong with disagreeing or having another opinion.

If by “this other person mentioned” you mean the example I gave, you are incorrect – he did not quit, and it was not the first time he was asked to asked to work the extra hours. He simply did not want to work extra hours that particular night. Also, it was not a construction company. He was fired for refusing to work overtime, and the employer chose not to contest his unemployment. (OTOH, if my example is not the one you’re referring to, then excuse ME, but it’s the only one I see as of right now. I've read all the other posts except one.)

Yes, each person’s individual unemployment situation IS different.
THAT is why the person you refer to was able to collect unemployment
 

Betty

Senior Member
This is just my opinion but if he gets fired for not working OT, I wouldn't
bet/count on getting UI benefits. However, it would be up to the state to
decide. As noted, each case is looked at on an individual basis.

Your Dad might want to look for other employment without so much OT while
he is still working for current employer.
 
What is the name of your state (only U.S. law)? NJ

My father is working at a company that is requiring him to work overtime almost every day. He gets home and then they call him back.
Get caller ID and if the number comes up as "unknown" then dont answer it. Let the machine pick up.
 

mlane58

Senior Member
For not answering the phone? Hmmmm, I know people who have messages up the yin-yang and never listened to them. Is there a rule that says "must liisten and must reply?"
They most certainly can be terminated for not answering the phone, because there isn't a law prohibiting them from doing so.
 

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