Can an employer make you stay after your scheduled shift?

Updated on March 17, 2023
Can an employer make you stay after your scheduled shift
An employer can’t make you stay against your will after your scheduled shift has ended. However, an employer can ask you to do so and you are free to agree to, as long as you are compensated for it.

But can an employer make you stay past your scheduled shift out of critical necessity? Still, they don’t have this right unless your job description/job contract has some kind of a specific clause for extraordinary situations.

Unfortunately, working past scheduled time is one of the harsher realities that many workers have to face so let’s take a closer look.

Can an employer make you work past your scheduled time?

Your employer can’t make you work past your scheduled time. However, if there’s a real necessity for you to stay, you have the right to choose to stay and help. The extra hours you spend on the job should be paid if your total work hours for the week exceed the standard 40 hours.

Can an employer make you stay late without notice?

How long can an employer keep you after your shift

No, an employer can’t make you stay late with or without notice. A notice in such a case is pretty much irrelevant. You are not obliged to stay late once your scheduled shift is over.

Of course, you are free to follow your best judgment in this specific situation. If you wish to stay and help in any way, that is entirely up to you. Just make sure that you will be properly compensated for your efforts.

Can your boss force you to stay late?

If you are forced by your boss to stay late at work – be it physically or through threats – technically that’s kidnapping. In such a situation, you can call 911 and ask for help. If you make the call, it is very likely that a police patrol will be sent immediately to the address to check the situation.

If you often feel like a hostage to your boss and other people in your life who twist your arm to make you do things that you don’t want to, then consider improving your negotiation skills.

How long can an employer keep you after your shift?

An employer can’t keep you after your shift. You are free to leave at any point. Even if you have agreed to stay past your shift out of necessity, you are still free to leave.

You can tell your boss that you are sorry but you really have to go because of personal circumstances. There isn’t anything that they can do to stop you. In case this is happening during your shift, you can take a look at our guide on how to ask a coworker to take your shift.

Can you get fired for not staying past your shift?

No, you can’t be fired for not staying past your shift. You are free to leave once your shift ends.
If your boss threatens to fire you if you don’t stay, then that’s a manipulation tactic they are using to control you.

If you find yourself in such a situation, you should contact your local authorities/regulatory agencies and file a complaint.

In fact, not staying past your scheduled shifts is one of the cornerstones of the quiet quitting work philosophy which is a wonderful way to avoid occupational burnout.

Working past scheduled time – key takeaways

Working past scheduled time counts as extra work hours. You should be compensated for this time if your standard 40 work hours per week have been exceeded. However, this can be just as bad and unfair as being asked to work on your day off.

Of course, every now and then, a company or a business has to deal with extraordinary situations. Employers/management are in their right to reasonably ask for help from their staff.

All staff members are free to make the choice to work the extra hours. However, it must be clear that this time is not volunteered and they are to be compensated. If workers are asked to stay late without compensation, this is a sure sign of a toxic work environment.

Can an employer make you stay past your scheduled shift?

No, an employer can’t make you stay past your scheduled shift in any way unless this is something that has been specifically outlined in your job description and/or work contract.

Have you considered that your boss might be attracted to you and that is why they are asking you to stay a little longer after work?

Can an employer keep you from leaving in a forceful manner?

No, an employer can’t keep you from leaving in any way whatsoever. That would be illegal – technically, it can be considered kidnapping.

Can an employer fire you for not staying late?

An employer can’t fire you for something like this. If they are threatening you with being fired, that’s just a tactic to make you fear for your job. It is also a sure sign that your boss is quite toxic and you should take action to protect yourself.

However, having the meta knowledge that you don’t comply with their demands is likely going to be taken into account by them later on. You should watch your back and expect some kind of retaliation.

Written by:
Office Topics Logo 2 White
galin office topics square
co-founder / office worker
Alex has been an office worker for more than 10 years. He is dedicated to helping other office workers to achieve the perfect life-work balance through well-being, effective communication, and building productive habits.

9 comments on “Can an employer make you stay after your scheduled shift?”

  1. I work at a call center can they force me to stay after my shift ended to clear over flow calls left in the Q I’m in the state of California

  2. My employer is making the cashiers stay after scheduled time to leave to do "extra duties" that only cashiers have to stay and do, like putting up "go backs". Can they do that?

    1. It depends on the laws in your state regarding overtime pay and working hours. Employers must pay non-exempt employees (such as cashiers) overtime pay if they work more than 40 hours in a workweek. If your employer requires you to stay after your scheduled time to complete "extra duties" and doesn't provide overtime pay, they may be in violation of labor laws. Speak to a lawyer or a representative from a labor union for specific advice regarding your situation.

    1. It depends on the laws in your state. The Fair Labor Standards Act (FLSA) requires that non-exempt employees be paid time and a half for any time worked over 40 hours a week. But if the employee is exempt, the employer is not required to pay overtime. Additionally, if an employee is "off the clock" when performing closing tasks, the employer is not obligated to pay for that time. I advise checking with your local laws, HR, or a lawyer for specific guidance.

  3. I am too work from 2 pm - 10 pm. My co- worker is too come in at 10 pm but is always late and comes in 10, 15 to 20 minutes late. Do I have to wait to punch out past 10 pm?

    1. Speak to your colleague and tell them that you're not OK with this. I'd understand if this happens once or twice per month but not "always". Alternatively, you could bring this up to your manager. After all, the manager is the one who should notice and address this.

  4. I have a boss telling us if we are asked to leave early and we say no then we HAVE TO stay later than our scheduled time to leave.

    1. If she says this say fine I want to be paid for the remainder of the shift after I leave. If not stay for the entire shift and leave when Time to leave. If not in contract to stay longer because of a salary or something you are free to go.if for some reason your work is not done and need you to stay it should be known that your time is not free . You need to be paid for those hours

Leave a Reply

Your email address will not be published.

Related Office Topics

linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram