Can I Be Fired for Refusing to Attend an Off-Hours Event?

As we all know, employment laws protect the rights of employees in the work environment. But what happens when an employer requires you to attend an off-hours work event? Can you refuse to go? Can they fire you if you do?

This is a question that many employees find themselves asking. Here’s what you need to know.

Employment At-Will

The first thing to remember is that employment is at-will, meaning that employers can terminate an employee at any time, for any reason, as long as it is not discriminatory or in violation of a contract or statute. However, there are certain exceptions to this rule.

For example, if an employer requires an employee to attend an off-hours event and the employee refuses due to a protected characteristic, such as religious beliefs or a disability, then it’s discriminatory. In this case, the employer cannot legally terminate the employee because they refuse to attend the event.

Another circumstance where an employer cannot terminate an employee for refusing to attend an off-hours event is if it goes against the terms of their employment contract. Suppose the contract specifically outlines the employee’s work schedule and does not mention off-hours events. In that case, the employee may have a case if they are terminated for refusing to attend the event.

It is worth noting, however, that many employment contracts include broad language that can cover off-hours events, so it is important to read the contract carefully.

On the other hand, if an employee refuses to attend a required off-hours event, then the employer may have grounds for termination.

For example, if attendance at a charity event is listed as a job duty in your job description, you must attend. Can your employer show that attendance at the off-hours event is a legitimate job requirement?  They may have the right to terminate you for refusing to attend.

Exempt vs. Non-Exempt

It is also important to consider whether the employee is exempt or non-exempt under the Fair Labor Standards Act (FLSA).

Non-exempt employees are typically entitled to overtime pay for work done outside of their regular work hours. This includes attendance at off-hours events. If your employer requires non-exempt employees to attend an off-hours event, they must compensate them for their time.

Exempt employees, on the other hand, are generally not eligible for overtime pay. They may not be compensated for attendance at off-hours events.

Whether or not an employee can be terminated for refusing to attend an off-hours event depends on a variety of factors. This includes their employment contract, job duties, and whether they are exempt or non-exempt under the FLSA.

Can You Be Fired for Refusing to Attend an Off-Hours Event?

Do you believe you were terminated unfairly for refusing to attend an off-hours event? You should seek the advice of an employment law attorney in NYC. They can evaluate your case and help you understand your legal options.

If you have questions about what your employer can and cannot force you to do, we can help. For more information or to speak to someone about your rights in the workplace if you face discrimination, contact Borrelli & Associates, P.L.L.C.