Legal Question in Employment Law in 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.


Asked on 6/20/16, 3:02 pm

2 Answers from Attorneys

David Sarnoff Sarnoff + Sarnoff

You may very well have a claim for discrimination, harassment, and/or retaliation based on your religion and religious observation. In fact, this is something our firm has very recent experience with and we are very familiar with this type of discrimination. The California Fair Employment and Housing Act ("FEHA") prohibits discrimination, harassment, and/or retaliation based on your religious affiliation. This includes providing "reasonable accommodations" to individuals based on their religious observations, which would absolutely include church on Sunday mornings. The pattern of retaliation you described after you contacted HR is also prohibited. Please contact our office for a more detailed analysis of your situation. Our phone number is (877) 877-2545, or you can visit our website at www.sarnofflaw.com and submit a case inquiry form.

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Answered on 6/21/16, 9:17 am
David Sarnoff Sarnoff + Sarnoff

Poster, I want to expand on my prior reply. We recently had a case in which our client requested an accommodation of not working Tuesday evenings in order to attend Bible Study as part of her faith and observance. There was also another event at her Church that she intended to go to as part of her faith. Her employer retaliated against her and set her up to be fired. We won our case against the employer in October of last year, so this is an area of law with which we are very familiar. Of course, the result in one case is not a guarantee of a result in another, but this is not a very common area of litigation, and there are not many lawyers with experience in this area. However, the facts of your case as you describe them are particularly egregious. Based on what you wrote, I believe you have a strong claim for discrimination and retaliation based upon your religion. Of course, I cannot be certain of this until we speak in more detail. Along with calling or visiting our website, you can email me directly at [email protected].

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Answered on 6/21/16, 10:09 pm


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