Legal Question in Employment Law in California

if you don't want to work a certain schedule at work can you be fire? when you know that it is not a permanent schedule? it changes from time to time but I don't want to work that day? I work in a restaurant and I don't want to work Sundays, I want to make my own schedule


Asked on 2/10/12, 2:04 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

can you be fire?

Yes.

in general unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice.

If you assert and prove to the employer a substantial religious conviction that prohibits you from working Sundays [Christians], or Saturdays [Jews], they have to offer reasonable accommodation of that. If you haven't already done so, and worked Sundays without asserting the religion issue, you have probably lost the right to do so now.

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Answered on 2/10/12, 3:28 pm

There are only two ways you have the right to make your own schedule, be unemployed or self-employed. Otherwise you work when your employer needs you.

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Answered on 2/13/12, 2:58 pm


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