Can You Get Fired for Not Staying Past Your Shift?

Your employer cannot force you to stay longer than your scheduled shift to end it or stay against your will. However, an employer does have the right to ask you to stay beyond your shift, and you are free to do so as long as you are being compensated for it. Unless your job contract or job description has a particular statement for certain situations, an employer does not have the right to demand you stay after a scheduled shift. 

Working past scheduled time, however, is one of the most complicated aspects of employment for many workers and could even lead to the filing of a lawsuit with the help of a labor and employment lawyer. It is vital that you understand your rights and be prepared to gather evidence showing examples of when an employer has made you work past your scheduled shift. 

An employer cannot make you stay late, whether or not they give you notice. A notice is irrelevant because you are not required to stay late after your scheduled shift is over. You can always exercise your own discretion to determine that you wish to stay and help in any way—but verify that you will be compensated fairly for your efforts. 

If this rises to the level of a threat, such as threats or physical altercations, this can technically be considered kidnapping. It is important to document this or to contact the authorities for help to check the situation. This is an extremely rare situation but is one that is worth knowing.

Since an employer cannot require you to stay once your shift is over, you can leave at any point in time. Even if you have agreed to stay beyond your scheduled shift because you wish to help the employer or out of any other necessary issue, you are still free to leave when you choose to do so. Your employer cannot stop or block you because of your decision to leave.

The use of threats can be very problematic for any employee who is concerned about staying late. You cannot be fired for not staying past your shift, and you are free to leave after your shift ends. This manipulation tactic of a boss threatening to fire you if you don't stay can be illegal. You may be able to file a complaint with regulatory agencies, such as the National Labor Relations Board.

If you are a non-exempt employee who is entitled to overtime payments and you choose to stay because your boss has asked you to put in additional time beyond your scheduled shift, you need to be compensated for the additional time. If you refuse to work beyond your shift because your boss said they would not pay you to do so, your refusal to work is what is known as a protected activity. This means that your employer cannot discriminate against you or take any other adverse actions because you decided not to work past your shift without pay.

A labor and employment lawsuit may be your only option to recover compensation and to make things right if an employer has crossed the line related to any state or federal laws. State or federal laws are in place to help protect employees from situations in which employers have crossed over the line and have violated the law. If you find yourself dealing with something such as workplace discrimination or you're being retaliated against because you have filed a workers' comp claim or made a complaint about illegal behavior at the company, this information cannot be used against you. You have the right to file lawsuits if you believe that your rights have been violated, and you can communicate with a qualified and dedicated attorney immediately to protect your best interests. The support of an attorney is instrumental in guiding you through what it takes to gather the information to open your claim. 

Many people do not realize how challenging it can be to bring a labor and employment lawsuit. It is crucial to engage a labor and employment lawyer early on in the process to put you in the best possible position to bring this evidence and file a legal claim. Most people dealing with labor and employment issues are naturally concerned about whether or not their employer will get angry for them contacting a labor and employment lawyer, but the attorneys at Morgan & Morgan can tell you that it is also very important for you to understand your legal rights and to avoid situations that put you at a disadvantage because your employer threatens you. 

There are laws that protect employees who are engaged in what is known as protected activity. The purpose of these laws is to provide you with some peace of mind regarding what an employer can and cannot do when you engage in certain activities. If you notice that your employer is engaged in illegal activity or otherwise violating rules and regulations, you retain the right to inform the authorities about this. 

Many individuals who do this are known as “whistleblowers” and get immediate protections under whistleblower laws when they follow the proper steps. It can be very challenging to proceed in handling these situations on your own, however. Most people who believe they have evidence of their employer violating laws, rules, or regulations will work directly with a whistleblower attorney to assist them. 

There are certain situations and activities that are protected under the law, either at the state or the federal level. If you have grounds to believe that your employer has violated any of these laws, you need to gather any evidence you have and talk with a labor and employment lawyer immediately. A labor and employment lawyer can tell you more about whether or not it sounds as if your case is relevant for filing a labor and employment lawsuit. 

Most employees fall under the umbrella of at-will employment, which means that their employer can terminate their working situation at any point in time and for any reason. However, this does not give any employer the right to violate state or federal employment and labor laws. Furthermore, those employees who have a working relationship that is outlined by a contract will find that their entire working relationship is managed by this contract. This means that if an employer violates the terms of that contract at any point, the employee may be eligible to bring legal action. 

Your first attempt at resolving this legal issue may be informing your employer about your concerns and trying to resolve these issues directly with them. Some other people do not take this route at all because they are concerned about retaliation or other actions taken against them simply for bringing the issue up. 

It can be a good idea, however, to raise concerns at a general level when you believe an employer is violating existing regulations. If you have already tried to resolve the issue with the employer and have been unable to do so, you may need to consult with a labor and employment lawyer about your rights. 

Depending on the legal issue in question, there are many different potential remedies that may apply to an employee, such as being reinstated in their position, being awarded back pay, or other penalties that may apply against an employer. In some cases, multiple employees will come together to file a claim against an employer who is violating these rules at a broad level. In any of these situations, it is beneficial to have qualified labor and employment attorneys to assist you. 

The attorneys at Morgan & Morgan is the country’s largest personal injury law firm and has developed a nationwide reputation for our persistence in the fight for justice. In our network of over 25 attorneys, we have lawyers with firm backgrounds in handling labor and employment law issues. 

Do not hesitate to contact us for help—we can give you a free, no-obligation case evaluation to get started. This way you can learn about your options and put your best foot forward with no strings attached. Call us today.