+ Reply to Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 16
  1. #1
    jrosie is offline Junior Member
    Join Date
    Mar 2011
    Posts
    2

    Can you be fired for not working overtime

    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?
  2. #2
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    54,321
    Quote Originally Posted by jrosie View Post
    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.
  3. #3
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,348
    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.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  4. #4
    Beth3 is offline Senior Member
    Join Date
    Mar 2002
    Posts
    14,991
    Is there any recourse?

    Only to find another job that doesn't require so much overtime.
    A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)
  5. #5
    jrosie is offline Junior Member
    Join Date
    Mar 2011
    Posts
    2
    So if he decided not to work as much overtime and was fired would he be able to collect unemployment?
  6. #6
    applecruncher is offline Senior Member
    Join Date
    Jan 2008
    Posts
    1,360
    Quote Originally Posted by jrosie View Post
    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.)
  7. #7
    commentator is offline Senior Member
    Join Date
    May 2009
    Location
    Tennessee
    Posts
    4,918
    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.
    Last edited by commentator; 03-09-2011 at 05:58 PM.
  8. #8
    applecruncher is offline Senior Member
    Join Date
    Jan 2008
    Posts
    1,360
    Quote Originally Posted by commentator View Post
    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.
    Last edited by applecruncher; 03-09-2011 at 11:50 PM.
  9. #9
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    54,321
    Quote Originally Posted by applecruncher View Post
    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
  10. #10
    Betty is offline Senior Member
    Join Date
    Jan 2006
    Location
    Il.(near StL, Mo.)
    Posts
    3,299
    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.
  11. #11
    disneykid52 is offline Member
    Join Date
    Jun 2005
    Posts
    717
    Quote Originally Posted by jrosie View Post
    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.
  12. #12
    swalsh411 is offline Senior Member
    Join Date
    Dec 2009
    Posts
    7,897
    Quote Originally Posted by disneykid52 View Post
    Get caller ID and if the number comes up as "unknown" then dont answer it. Let the machine pick up.
    And then he can be legally fired. Great "advice"!
  13. #13
    disneykid52 is offline Member
    Join Date
    Jun 2005
    Posts
    717
    Quote Originally Posted by swalsh411 View Post
    And then he can be legally fired. Great "advice"!
    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?"
  14. #14
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    54,321
    Quote Originally Posted by swalsh411 View Post
    And then he can be legally fired. Great "advice"!
    The absolutely incredible thing is that this post is better than most from DK!
  15. #15
    mlane58 is offline Senior Member
    Join Date
    Mar 2005
    Location
    Texas
    Posts
    2,856
    Quote Originally Posted by disneykid52 View Post
    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.

Similar Threads

  1. working overtime
    By ajritter04 in forum Wage & Salary Issues
    Replies: 5
    Last Post: 07-21-2008, 08:34 AM
  2. fired for not working overtime yet have doctors note
    By drr3rd in forum Hiring, Firing & Wrongful Termination
    Replies: 0
    Last Post: 04-15-2005, 03:33 PM
  3. Overtime when working for more
    By tigger22472 in forum Hiring, Firing & Wrongful Termination
    Replies: 0
    Last Post: 07-15-2003, 06:23 PM
  4. working overtime and not being paid
    By lawlrnr in forum Job Discrimination and Harassment
    Replies: 2
    Last Post: 04-22-2002, 09:19 AM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.