Fired for Attending Church

[TaylorLaMar147]

What is the name of your state (only U.S. law)? California.

Disclaimer: I am not a disgruntled former employee. I've invested a significant amount of thought before seeking legal advice and possible legal action.

I was fired from a recent job. During both of my interviews, it was explicitly established that I could have Sunday mornings off so I could attend church, as I have been for about 15 years now. On the day of orientation, I was forced to have completely open availability; one of my supervisors refused to allow me to submit an availability schedule that included Sunday mornings off.

I was scheduled to work for several Sunday mornings. I talked to the main manager at the store I worked, and asked him if I could have those days off and reminded him about our agreement. He told me to not come in and to submit a schedule change. I didn't show for those Sunday mornings, however my schedule change was declined and I was issued a verbal warning. I talked to the manager again and informed him my schedule change was declined, and he told me to submit another one. Again, it was declined, six days later. I kept getting scheduled to work Sunday mornings. I talked to him a third time, and finally, my schedule change was accepted. I had Sunday mornings off (supposedly).

I refused to attend work during Sunday mornings. I kept reminding my supervisors and managers about my schedule, but after receiving multiple verbal warnings, I called human resources and asked them for assistance. Once my managers found out I called human resources, they stopped giving me normal hours and retaliated by scheduling me to work only on Sundays during church. Once, when I wasn't scheduled to work Sunday mornings, I was scheduled to work the graveyard shift leading up to Sunday morning.

I talked to my managers and supervisors about this, and they carelessly said, "There's nothing we can do about that." I got frustrated and had a one-on-one with the main manager. He mocked and laughed at me, stating that it wasn't his problem. When I inquired about why he declined my schedule change on multiple occasions, he said, verbatim, "Someone else must've gone onto the system and declined it, because I wouldn't do that." When I was notified about the declination of my schedule change, it stated that it was he who declined it.

I was becoming impatient, called human resources a second time, and they gave me the same answer: "We can't do anything about it," and continued to tell me that my supervisors were shifting the blame for their actions onto me, for reasons I inquired but not answered.

Finally, I wasn't scheduled for to work for (if my memory is correct) at 17 days consecutively, was scheduled to work a Sunday morning shift, and was fired once I refused to attend.

Isn't this illegal? I talked to several friends who are somewhat knowledgeable about law, and they told me about "wrongful termination by means of retaliation." I even talked to another third-party human resource worker in a nearby city, and she told me that this activity was illegal. What can I do? Although this was months ago, I don't want this to go unpunished.

EDIT: I am a participant in my chruch's worship band, and my church only holds one service for the day.

 

[Just Blue]

What is the name of your state (only U.S. law)? California.

Disclaimer: I am not a disgruntled former employee. I've invested a significant amount of thought before seeking legal advice and possible legal action.

I was fired from a recent job. During both of my interviews, it was explicitly established that I could have Sunday mornings off so I could attend church, as I have been for about 15 years now. On the day of orientation, I was forced to have completely open availability; one of my supervisors refused to allow me to submit an availability schedule that included Sunday mornings off.

I was scheduled to work for several Sunday mornings. I talked to the main manager at the store I worked, and asked him if I could have those days off and reminded him about our agreement. He told me to not come in and to submit a schedule change. I didn't show for those Sunday mornings, however my schedule change was declined and I was issued a verbal warning. I talked to the manager again and informed him my schedule change was declined, and he told me to submit another one. Again, it was declined, six days later. I kept getting scheduled to work Sunday mornings. I talked to him a third time, and finally, my schedule change was accepted. I had Sunday mornings off (supposedly).

I refused to attend work during Sunday mornings. I kept reminding my supervisors and managers about my schedule, but after receiving multiple verbal warnings, I called human resources and asked them for assistance. Once my managers found out I called human resources, they stopped giving me normal hours and retaliated by scheduling me to work only on Sundays during church. Once, when I wasn't scheduled to work Sunday mornings, I was scheduled to work the graveyard shift leading up to Sunday morning.

I talked to my managers and supervisors about this, and they carelessly said, "There's nothing we can do about that." I got frustrated and had a one-on-one with the main manager. He mocked and laughed at me, stating that it wasn't his problem. When I inquired about why he declined my schedule change on multiple occasions, he said, verbatim, "Someone else must've gone onto the system and declined it, because I wouldn't do that." When I was notified about the declination of my schedule change, it stated that it was he who declined it.

I was becoming impatient, called human resources a second time, and they gave me the same answer: "We can't do anything about it," and continued to tell me that my supervisors were shifting the blame for their actions onto me, for reasons I inquired but not answered.

Finally, I wasn't scheduled for to work for (if my memory is correct) at 17 days consecutively, was scheduled to work a Sunday morning shift, and was fired once I refused to attend.

Isn't this illegal? I talked to several friends who are somewhat knowledgeable about law, and they told me about "wrongful termination by means of retaliation." I even talked to another third-party human resource worker in a nearby city, and she told me that this activity was illegal. What can I do? Although this was months ago, I don't want this to go unpunished.

Why couldn't you attend another service?

 

[TaylorLaMar147]

Why couldn't you attend another service?

I'm an active participant in my church's worship band, and my church only holds one service in the morning for the entire day.

I just revised my original post with an edit towards the bottom. Thanks for pointing that out.

 

[CdwJava]

Why couldn't you attend another service?

Because, as she wrote, there was only the one service that day. Not every church has multiple services on Sunday. Mine has only one service on Sunday and a few different bible studies throughout the week.

TaylorLaMar147, while church attendance is important to me, I also know that my employers had every right to expect that I be available to work on Sundays. Unless I chose to work at a place that had only Monday to Friday hours, weekends - including Sunday mornings - was always a possibility even when I was in the private sector. What I have done is chose to attend a bible study - in some cases and EXTRA bible study - when I was unable to attend Sunday services due to work. It is the fellowship that is important, not simply attending Sunday service. You may have to choose another type of employment, or accept that Sunday hours might be required at least until you have been working long enough to change shifts. With time, I suspect that you can work your way off of Sunday morning shifts. Until then, seek out a bible study on your days off. And, if your church puts the services/sermons on-line, download it (that is what I do). Yes, it may mean that you may have to take a leave from the band for a while, but, you also have to make a living.

With your next employer, if they agree to give you Sundays off obtain this guarantee in writing up front. I suspect that most employers will balk at doing this, but, if they are willing, great. Alternatively, pick an employer that is closed on weekends.

 

[TaylorLaMar147]

I also know that my employers had every right to expect that I be available to work on Sundays. Unless I chose to work at a place that had only Monday to Friday hours, weekends - including Sunday mornings - was always a possibility even when I was in the private sector.

I understand where you're coming from. I thought about this too, and I questioned if I was being too stubborn with my personal schedule.

Let's say I was too stubborn and should've expected my employers to schedule me on Sundays. However, isn't this a breach of contract? My employers and I agreed to grant me Sunday mornings off, yet they decided to not follow through and then retaliate against me even after establishing my new schedule. Isn't this a violation of the California Fair Employment and Housing Act and its provisions regarding reasonable accommodation?

 

[Proserpina]

I understand where you're coming from. I thought about this too, and I questioned if I was being too stubborn with my personal schedule.

Let's say I was too stubborn and should've expected my employers to schedule me on Sundays. However, isn't this a breach of contract? My employers and I agreed to grant me Sunday mornings off, yet they decided to not follow through and then retaliate against me even after establishing my new schedule. Isn't this a violation of the California Fair Employment and Housing Act and its provisions regarding reasonable accommodation?

Did you have a contract?

Without a contract there can be no breach.

 

[CdwJava]

I understand where you're coming from. I thought about this too, and I questioned if I was being too stubborn with my personal schedule.

Let's say I was too stubborn and should've expected my employers to schedule me on Sundays. However, isn't this a breach of contract? My employers and I agreed to grant me Sunday mornings off, yet they decided to not follow through and then retaliate against me even after establishing my new schedule. Isn't this a violation of the California Fair Employment and Housing Act and its provisions regarding reasonable accommodation?

What contract? You say that you had a verbal agreement ... they will probably say that either there was NO agreement, or, that they said they would TRY to accommodate you.

There are time constraints to file a complaint ... what those are, I do not know. Here is a link if you wish to pursue that angle: http://www.dfeh.ca.gov/Complaints_eCompProc.htm

Alternatively, you can speak with some labor law attorneys, but, you might find that you will be spending many thousands of dollars for something that is speculative at best.

What is the nature of the work? Many sorts of work, such as restaurant work, won't guarantee hours and will do just what you suggest - limit scheduled hours - in an effort to convince someone to quit. There is generally nothing unlawful with that. It's rinky-dink, but, generally lawful.

 

[TaylorLaMar147]

Did you have a contract?

Without a contract there can be no breach.

Legally, yes, in two ways.

Firstly, by simply becoming an employee under an employer, federal and state laws mandate that specific protocol and rules be followed. An example of such a law is the California Fair Employment and Housing Act, previously aforementioned. Once a business relationship is established, these terms are legally and automatically accepted, indirectly or directly is irrelevant.

Secondly, their employee handbook states that it itself is a contact (something all supervisors at my previous workplace are legally obligated to tell us). In that handbook, it states our individual duties, rights, and solutions if problems arise. By signing a piece of paper by both parties, the employee and employer, we agree to those terms as described in the handbook.

In both cases, they have breached contact.

 

[tranquility]

Because, as she wrote, there was only the one service that day. Not every church has multiple services on Sunday. Mine has only one service on Sunday and a few different bible studies throughout the week.

TaylorLaMar147, while church attendance is important to me, I also know that my employers had every right to expect that I be available to work on Sundays. Unless I chose to work at a place that had only Monday to Friday hours, weekends - including Sunday mornings - was always a possibility even when I was in the private sector. What I have done is chose to attend a bible study - in some cases and EXTRA bible study - when I was unable to attend Sunday services due to work. It is the fellowship that is important, not simply attending Sunday service. You may have to choose another type of employment, or accept that Sunday hours might be required at least until you have been working long enough to change shifts. With time, I suspect that you can work your way off of Sunday morning shifts. Until then, seek out a bible study on your days off. And, if your church puts the services/sermons on-line, download it (that is what I do). Yes, it may mean that you may have to take a leave from the band for a while, but, you also have to make a living.

With your next employer, if they agree to give you Sundays off obtain this guarantee in writing up front. I suspect that most employers will balk at doing this, but, if they are willing, great. Alternatively, pick an employer that is closed on weekends.

Except, Carl's employer and job has some specific requirements that lead to a compelling governmental interest that is narrowly tailored to achieve that interest.

By basic theory, the OP seems to have a case of discrimination.

Now, I doubt being "a participant in my chruch's worship band" would be considered a sincerely held religious belief that would give rise to discrimination. Also, the fact the OP:

Once, when I wasn't scheduled to work Sunday mornings, I was scheduled to work the graveyard shift leading up to Sunday morning.

Would go to prove the OP's sincerely held religious belief does not have to do with the generally common belief of a Sabbath. That does not mean that attending service each week is not a sincerely held religious belief, it just makes it harder. Those who believe in the flying spaghetti monster have a far harder time to win a discrimination lawsuit over those who believe "standard" beliefs.

If the issue is you don't get to play in the band, forget it. There is nothing here, move on.

If the issue is your sincerely held religious belief requires you to attend service each week--that is something again. If so, see an attorney who can advise on your thoughts. That you were fired, make the damages high enough (with attorney-pay provisions in statutes) for an attorney with knowledge of all the facts to litigate the issue. It certainly does not hurt to ask a few attorneys to see if they would represent you.

Me? My gut says probably not. But, my gut looks to the reason for the law and not the specifics. You have not really alleged real discrimination. You have alleged discrimination that may be proved because of technical rules.

 

[Silverplum]

Legally, yes, in two ways.

Firstly, by simply becoming an employee under an employer, federal and state laws mandate that specific protocol and rules be followed. An example of such a law is the California Fair Employment and Housing Act, previously aforementioned. Once a business relationship is established, these terms are legally and automatically accepted, indirectly or directly is irrelevant.

Secondly, their employee handbook states that it itself is a contact (something all supervisors at my previous workplace are legally obligated to tell us). In that handbook, it states our individual duties, rights, and solutions if problems arise. By signing a piece of paper by both parties, the employee and employer, we agree to those terms as described in the handbook.

In both cases, they have breached contact.

I don't see your first point.

http://www.dfeh.ca.gov/Publications_FEHADescr.htm

 

[CdwJava]

Even when I worked in the private sector (restaurants and bars) I had to suffer work on Sundays. I always ASKED not to work on Sundays, but my request was rarely honored. Such was the nature of the employment I chose. In fact, at one restaurant if we were permitted to work the big money nights of Friday and Saturday, we were expected to work the low tip, demanding crowds for Sunday brunch. On those days, I had to go to church in the evening and not the day.

I don't know that there is a huge case here unless the OP can show that there was, indeed, a promise to avoid Sunday schedules. I suspect that there will be no such admission. But, as I and others have stated, she can certainly consult attorneys to see if she has a case at all, and if so, how much it will cost her to try and pursue it.

 

[cbg]

HR here....

First off, poster, while you MAY have a wrongful termination case, it will NOT have anything to do with retaliation. That is one of the current buzz words popular with people who think they know more than they do about employment law. Secondly, even under the two concepts you have described, it is exceedingly unlikely that you have a binding or enforceable contract to have Sunday's off.

Now, that being said, I have a few questions. Do not assume the reasons for them - I guarantee you will get the reasons wrong. Please just answer the questions I ask; don't answer what you think I'm asking. FYI, I used to be the one who did discrimination investigations and even used to train managers on the subject - a qualification no one else in this thread has that I know about.

What was the nature of the business?

Were other employees also scheduled for Sundays?

Did you have alternate time off during the week?

Would you have had any issues with working Sunday afternoons or evenings if it did not interfere with services?

I understand that your church only has one service a week. IF THAT HAD NOT BEEN THE CASE and there were alternate services you could have attended, would you have been willing to?

Did you ever contact HR about this? Not your manager, HR.

Depending on your answers, there may be more questions but that's it for now. Again, answer the questions straight without trying to determine the reasons for them.

 

[Chyvan]

I was fired from a recent job.

File for unemployment. In most cases, that is all a former employee is going to get out of a former employer.

 

[commentator]

And when you file for unemployment, they'll only be interested in the exact circumstances surrounding your dismissal, as in "refused to work a scheduled shift." If you had quit the job the first time you were scheduled for a Sunday shift, that might possibly have been a valid reason to quit. But to carry on working with them for quite a while, all the time working the days hours and shifts scheduled for you (even though you were complaining) and that's going to weaken your case that you quit for a valid job related reason other than that you wanted to be off on Sundays because you wanted to play in the church band. The unemployment system absolutely does not do discrimination issues. They just decide whether you are approvable based on unemployment law.

 

[HC1432]

By the way, your employer's handbook is very unlikely to be a legally binding contract, regardless of whether you signed it. Most Employment Handbooks are an outline of rules and policies and are in place to establish, in the company's interest, that employees have been advised of those rules. However, there is nothing to prevent an employer from changing the handbook or even choosing not to follow it if it suits them. There is nothing illegal about that.

Of course, only an experienced employment law attorney can confirm whether there are binding terms in this "handbook" you reference. With that said, you didn't really mention what terms in this handbook you believe entitle you to be accommodated in your request for a specific schedule even if it does not meet their needs.