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"terminated" for not complying with schedule change?

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  • "terminated" for not complying with schedule change?

    Hello everyone! I will try to make this short. I worked for a company for about a year and the manager asked me into his office one day. He demanded that I change my schedule effective immediately, but I told him I could not comply because I needed Sundays off to spend with my family. Basically he said I had to work Sundays or "the company does not need my services" anymore. I told him I cannot work his schedule (I had worked the same schedule for a year!) and then he told me to turn in my uniforms. He then sat me down and ordered me to sign a Voluntary Termination form. I REFUSED to sign this because I did NOT want to quit! I refused to sign after his several attempts and he then asked 3 other managers to sign it stating "Bryan refuses to sign this form". I even asked my boss if he had a different position for me so I could stay but at this point I think he just wanted me out. I wanted to keep my job so bad, but I could not work sundays (he knew this from the first day I was hired).

    I take off my uniform, turn in my work things, and I was escorted off the property. I applied for UE that night. My phone interview for the unemployment benefits went well I thought, but a week later I get a notice stating I am disqualified because I QUIT my last job without exploring all reasonable options before quitting. I did NOT quit! Basically my boss lied to UE and said that I quit my job!!! So now 3 months later I have my appeal hearing coming up. My boss has someone to rep. him, and I only going alone. What are my chances of winning this? I have the piece of paper stating that I refused to sign the voluntary termination form, so hopefully the judge will consider that. I was basically given an ultimatum to change my days off immediately or lose my job. How can that be right?

    I even made employee of the month the month before I was let go. I just don't get how an employee who never called in sick and was liked by everyone could be fired for not being able to adjust to an instant scehdule change. He fired me and then lied to the Employment office by saying I just got up and quit.

    Thanks for listening, -Bryan
    Last edited by bryan16; 07-30-2005, 06:03 PM.

  • #2
    Bryan, the employer makes the schedule, not the employee. By refusing to work the schedule set by your manager you essentially quit. Whether you get the UI insurnance or not is dependent on the state you live in, but most wouldn't consider paying it.

    Comment


    • #3
      Originally posted by Sockeye
      Bryan, the employer makes the schedule, not the employee. By refusing to work the schedule set by your manager you essentially quit. Whether you get the UI insurnance or not is dependent on the state you live in, but most wouldn't consider paying it.
      Thanks for the reply. I live in California. It just seems weird how I can work the same schedule for a year, then be fired for not being able to work the next sunday that I normally had off and already made plans for. Oh well, I'm going to give them hell at the hearing next month!

      Comment


      • #4
        Next time don't say it's for family. Tell them it's a religious issue and then I don't see how they can fire you. To do so would be in violation of Title VII of the Civil Rights Act of 1964.

        IMHO, that is.
        I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
        Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
        I also may not have been either sane or sober when I wrote it down.
        Don't worry, be happy.

        http://www.rcfp.org/taping/index.html is a good resource!

        Comment


        • #5
          Originally posted by cactus jack
          Next time don't say it's for family. Tell them it's a religious issue and then I don't see how they can fire you. To do so would be in violation of Title VII of the Civil Rights Act of 1964.

          IMHO, that is.
          Great idea! I just might use that at my hearing.

          Comment


          • #6
            Just cover your aces good. Would be a very good idea if you PM'd me for details I don't think the HR staff would want to hear.

            Being a former employer, I can understand where they come from. But being an employee and getting phucked over every time I turn around tells me something is very wrong.

            I know I'm not gonna screw any of my employees when I have my business up and running again someday. I never did to begin with, but insight like what I've been finding is worth a hell of a lot, tha's for sure!
            I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
            Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
            I also may not have been either sane or sober when I wrote it down.
            Don't worry, be happy.

            http://www.rcfp.org/taping/index.html is a good resource!

            Comment


            • #7
              Originally posted by cactus jack
              Just cover your aces good. Would be a very good idea if you PM'd me for details I don't think the HR staff would want to hear.

              Being a former employer, I can understand where they come from. But being an employee and getting phucked over every time I turn around tells me something is very wrong.

              I know I'm not gonna screw any of my employees when I have my business up and running again someday. I never did to begin with, but insight like what I've been finding is worth a hell of a lot, tha's for sure!
              I really appreciate your help. You just might have given me the advice that will save my case. Time to do more research

              Comment


              • #8
                The fact that you never mention "religious reasons" to your employer is going to be a tough one for you to overcome. Especially since, contrary to popular belief, Title VII does NOT require say that as long as you mention religion you are guaranteed the time off.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  No, and that is why I wanted to share the details with Byran in private message.

                  You have to already have somewhat of a history with this as a religious practice. Being member in a particular faith helps a lot. I know of a few people that had a similar problem and they sued the crap out of their employer because they were Seventh Day Adventists. Not wise to have a SDA work on a Saturday. They generally don't like that too well.

                  Having a history helps, but then it's a matter of how do you prove it (if you don't have a particular faith).

                  Sad part is, lots of times it doesn't matter what your religion is, people don't care. Too many businesses feel they are equal to God (and I can name names there as well). Sometimes all you can do is just go elsewhere.
                  I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                  Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                  I also may not have been either sane or sober when I wrote it down.
                  Don't worry, be happy.

                  http://www.rcfp.org/taping/index.html is a good resource!

                  Comment


                  • #10
                    Yeah, lie. That'll help.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment


                    • #11
                      No Patty, lying does not help. Nor does being stuck with the ideology that there is only one or two permissible religions in thei country. And yes too many employers DO have that attitude.
                      I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
                      Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
                      I also may not have been either sane or sober when I wrote it down.
                      Don't worry, be happy.

                      http://www.rcfp.org/taping/index.html is a good resource!

                      Comment


                      • #12
                        A quit, no way!

                        I don't see how not working a new schedule is a quit. Well, I mean I see it, but don't agree. That argument goes that since the employee refused to work on set days, he quit. But there is the same flip-side argument. Basically, because the employer refused to accept his work on certain days, they terminated him. Now the first argument is absolutely true for a new employee, but for a person used to a set schedule, the second argument is more accurate. This of course does not mean the employer cannot fire you, they can and will and maybe should, but it is a termination, not a quit. Otherwise, an employees failure to do anything would be considered a quit. For example, failing to show to work since you're sick (you feel sick, but boss says no) is a quit? Failure to conform to unknown unexpectations, failure to curry favor with the boss the way another employee did, failure to not get into an accident, etc. Can you imagine: "david, you're quitting today since you failed to kiss my butt sufficiently and thus failed to make me like you.". And then you get denied unemployment! great if that's where we're heading.

                        well, whatever, I say it is a quit, but I'm likely wrong in reality where you are not likely get a genuinely fair hearing.

                        good luck,

                        curt j.

                        Comment


                        • #13
                          Argument of religous discrimination is a curious debate. I wonder if that won't be the doorway for other protections in the future, such as sexual preference or martial status.
                          Religion is defined to include not just "organized faiths," byt also "moral & ethical beliefs as to right & wrong & are sincerely held with the strength of traditional views." Whether NO group hods the belief, or if the group the individual belongs to does not accept the belief WILL NOT determine if it is the belief of the indivdual. Atheists are protected based on the absense of belief. One employee was terminated because the employer's religion disapproved of divorce.
                          You can see the potential here for religious discrimination for something like sexual preference. Usually, the opposition to homosexuality is filled with "moral beliefs." & derived from religion. Martial status would be another. It would be illegal to discriminate against a biamist if he is a morman. Therefore, it should work the other way around, also. Same-sex partner, or co-habitation. Just a thought...wondering if that might ever go that direction. Did you know there was a member of the Ku Klux Klan that filed for "religious discrimination with the eeoc?" (it was called "politiacal activity" instead of religion, and therefore unprotected.

                          Comment


                          • #14
                            zzz- it already is NJ

                            Under NJ's LAD (law against discrimination), marital status and sexual orientation are already protected classes. As is certain disease staus (a la HIV, hepatitus, etc.) This is different than disability status, where you may have the disease or be a carrier, but not disabled. We're cooking up more where we can. I'm still pushing for economic discrimination, but that seems to be a tough sell.

                            curt j.

                            Comment


                            • #15
                              Yes, I know some states include martial status & sexual preference (my state does as well as "with regard to economic assistance"). I met at the Federal Level.

                              Comment

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