Under California Labor Code 2922, employment is defined as at-will, meaning an employer may terminate an employee with or without cause, as long as the reason is not unlawful. However, this rule has important limits. An employer’s authority may be restricted when a change in working conditions, such as a shift change, is unreasonable, retaliatory, or interferes with an employee’s legally protected rights.
Can Employers Fire Employees for Refusing a Shift?
Even in an at-will employment setting,you cannot be lawfully terminated for exercising protected rights or refusing unsafe, unlawful, or retaliatory scheduling demands. If your work schedule or availability was clearly established, and the employer deviates from it without proper notice, terminating your employment may violate the terms of that agreement.
If you need to care for a family member, have a medical condition, or do not wish to work due to unsafe work conditions, employers cannot terminate or punish employees. Doing so would violate several laws such as California Family Rights Act (CFRA), Pregnancy Disability Leave (PDL), and California Labor Codes 1102.5 and 6310.
When an Employer Can Require Employees to Work Outside their Schedule
In some situations, employers may lawfully discipline or terminate an employee who refuses a shift. Some industries including healthcare, public safety, or emergency services may require mandatory overtime or call-in shifts. If an employee has open availability and a schedule that varies week-to-week, an employer may request additional shifts, provided the request does not violate wage and hour laws or other legal protections.
Does California Have “Predictive Scheduling” Laws?
California currently does not have a statewide predictive scheduling law. However, several California cities do have “Fair Workweek” ordinances — Los Angeles, San Francisco, Emeryville and Berkeley.
These laws require advance notice of schedule changes and extra pay for last-minute modifications.
When to Contact a California Employment Law Firm
You should contact an attorney if:
- You were fired after refusing an unscheduled shift
- You were threatened or penalized for not staying late
- You have a set availability that your employer keeps ignoring
- You believe you are being targeted or retaliated against
- Your hours are being changed as punishment
- You work in a Fair Workweek jurisdiction
An experienced lawyer can help you pursue potential compensation for lost wages, emotional distress, and penalties under California labor laws. It is vital that you gather as much evidence and documentation to support your claim.
Lawyers for Justice, P.C. is Here to Help
Employers cannot legally terminate you for refusing a shift when the request violates protected leave and wage and hour laws.
Lawyers for Justice, P.C. is a California employment law firm that represents employees in workplace rights matters. Call 818-JUSTICE or complete the online contact form for a free consultation.
Frequently Asked Questions About Refusing a Shift Outside Your Schedule
Can I be fired for refusing a shift that was not on my schedule?
In some situations, yes. California is an at-will employment state, meaning employers may discipline or terminate employees for many reasons. However, an employer cannot lawfully fire an employee for refusing an unscheduled shift when that refusal is connected to legally protected rights, unsafe working conditions, or unlawful scheduling practices.
Does at-will employment mean my employer can change my schedule at any time?
Not necessarily. While at-will employment allows some flexibility, that flexibility is not unlimited. Schedule changes may still be restricted by prior agreements, established availability, company policies, or local scheduling laws. If an employee’s availability was clearly defined at the time or hire, drastic or punitive schedule changes may be unlawful.
Are there legal reasons I can refuse an extra or last-minute shift?
Yes. Employees may legally refuse shifts that conflict with medical needs, family caregiving responsibilities, pregnancy-related conditions, disability accommodations, or unsafe working conditions. Terminating or punishing an employee in these situations may violate CFRA, PDL, FEHA, or California Labor Codes protecting whistleblowers and workplace safety.
Do Fair Workweek or predictive scheduling laws apply in California?
California does not have a statewide predictive scheduling law, but several cities have adopted local Fair Workweek ordinances. Employees working in cities such as Los Angeles, San Francisco, Emeryville, or Berkeley may be protected by these local laws. In those jurisdictions, employers may be prohibited from penalizing employees for refusing last-minute or unpredictable schedule changes.
When should an employee contact an employment attorney?
Employees should consider speaking with an attorney if they were fired or disciplined after refusing an unscheduled shift, threatened for not staying late, repeatedly scheduled outside their availability, or targeted with schedule changes as punishment. An employment lawyer can determine whether the employer’s actions violated California labor laws.