Legal Question in Employment Law in California

I have worked for this co. for 3 years and have had Sundays off for religious devotion. Now I am schedualed to work every Sunday for the next month. The schedualed hours are such that you cannot attend first or second service. The Mgr. has always accomadated those with standing Dr. appts., schedualed classes for college and some that have baby sitting jobs in lieu of this job. I would just call and say I cannot work Sunday but after 3 times you are suspended and I need my job. Do I have any legal rights to have my day for devotion and still keep my jos? Thank You


Asked on 2/10/11, 9:33 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Employers must reasonably accommodate employees for legitimate religious observances. The extent to which such an accommodation goes, will vary from case to case, depending on many factors, not provided for in your post. However, the fact that they have allowed you to have Sunday off, weighs in your favor and places the burden on the employer to justify why they can no longer do so.

If the employer refuses to work with you so you can attend Sunday service, you should consult with an experienced employment law attorney in your area.

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Answered on 2/10/11, 10:10 am
Terry A. Nelson Nelson & Lawless

Rights? Yes. Reasonable accommodation must be made for religious reasons. If you want legal help in resolving this informally, or in taking action, feel free to contact me. I've been doing these cases for over 20 years.

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Answered on 2/10/11, 10:20 am


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