Legal Question in Employment Law in California
Can I collect unemployment if I am fired for refusing to work overtime when I'm paid salary?
Asked on 2/03/11, 8:36 pm
1 Answer from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Getting paid a salary does not exempt employees from having to work overtime if the employer needs the work to be done. Refusing to comply with a reasonable request can be grounds for misconduct, which can disqualify you from receiving benefits.
However, if you are misclassified as an exempt employee and should be getting paid overtime but are not, it would not be reasonable for an employer to ask an employee to work overtime without getting paid at overtime rates. If this is the case, appeal the denial.
Answered on 2/07/11, 3:36 pm
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