Possibly Religeous Discrimination

[cstrange]

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

I am not looking to file a lawsuit for this, but want to know where I stand.

Scenario:
- I was a senior executive at a software company
- The company is highly volatile, known for the CEO firing executives on short notice for personal reasons. This has created a culture of fear for employees, not wanting to do/say anything to cross the CEO
- Over a period of 6-7 months, I had missed several calls/meetings/tasks due to me going to Church with family on Sunday and/or Wednesday evenings (all after business hours).
- I had mentioned on several occasions that I would 'get to something' after church, or could not travel on Sunday afternoon due to family commitments, or had to take kids to Church on Wed night, etc...
- On at least 2 occasions, I received a phone call from someone at corporate telling me I had to be available 24/7; anytime needed, didn't matter if I was at Dinner with family, Church, etc... Business is first!
- On at least 2 occasions, I received emails (at least one directly from CEO) telling me I had to be available 24/7.
- I never reported this to VP HR, due to the strong relationship with CEO - it would DEFINITELY lead to my firing
- I was 'let go' this week. I believe this was in large part due to the perception that I was not 'always' available, which included my stance to not work on Sundays due to my religious beliefs (even though I did occasionally work on Sundays so I wouldn't be fired).

Question:
1) Is this a strong enough position to pursue a religious discrimination suit?
2) Any other information I should know should I decide to begin moving forward with legal action?

[xylene]

Your were a senior executive

This is therefore clearly a not-so-simple case

You need to consult a high profile lawyer ASAP, and do not do or say ANYTHING to the company until you have retained a lawyers advice and counsel.

Save ALL DOCUMENTS and COMMUNICATIONS

If the company contacts you -

Lastly - what reason were you given, if any when fired? Not logical hunches, what were you told? AND Were there any credence to those reasons?

[mlane58]

The question is, did the OP ask for a religious accomodation?

[Beth3]

Telling your employer that you would take care of something "after church" or that you had family committments on Sundays or wished to attend church with them does not put your employer on notice that you needed a religious accommodation. It only puts them on notice that it's inconvenient for you to be available at certain times.

It appears to me that you were terminated due to your unavailability at certain times rather than due to your religous beliefs/a requirement to attend religious services. Since you occasionally worked on Sundays, you can't claim that you are prohibited from working on Sundays due to your religious beliefs.

I don't see that you have much of a position to pursue a claim of religious discrimination but you may wish to speak to an employment law attorney to get an expert legal opinion. A job not fitting in with your preferred life style, no matter how unreasonable the boss is, is not prohibited discrimination.

[xylene]

Since you occasionally worked on Sundays, you can't claim that you are prohibited from working on Sundays due to your religious beliefs.

Perfect adherence to service schedules or a sabbath is NOT required to invoke religious rights. The question is did he do so appropriately? The man was not a janitor, but a serious executive and obviously there is not a clear cut form for that...

Two, the poster is claiming his sabbath breaking was under pain of termination.

The above is backwordz logic - work forcing him to break sabbath to remain employed is a potentially discriminatory conduct. Not proof that no unlawful discrimination occurred.

[mlane58]

Perfect adherence to service schedules or a sabbath is NOT required to invoke religious rights.

Thats not what Beth wa saying at all. She said prohibited! ]

The man was not a janitor, but a serious executive and obviously there is not a clear cut form for that...

And that makes a difference how?

The above is backwordz logic - work forcing him to break sabbath to remain employed is a potentially discriminatory conduct. Not proof that no unlawful discrimination occurred.

Please! thats crap. The OP never stated that they requested a religious accomodation for one. Two; regardless of HR and the CEO being good friends, they still should have approached HR or another part of management and reported it for the record, not assume that nothing would be done.

[pattytx]

And having to "take the kids to church", isn't a religious belief, it's a transportation issue.

[justalayman]

I don't have anything to add but when I looked at this thread listing, it showed 6 responses and 66 views.

666

being a religious question, I found that a bit spooky.


Today 08:45 PM
by pattytx
6 66 Job Discrimination and Harassment

[cbg]

I don't have anything to add but when I looked at this thread listing, it showed 6 responses and 66 views.

666

being a religious question, I found that a bit spooky.


Today 08:45 PM
by pattytx
6 66 Job Discrimination and Harassment

I'm sorry, I can't help it, but in view of JAL's post above I just HAVE to provide this link.

[url=http://www.legalworkplace.com/bizarre-excuse-or-religious-belief-cc.aspx]Bizarre Excuse, Or Real Religious Belief? ? legalworkplace.com[/url]

[HomeGuru]

I'm sorry, I can't help it, but in view of JAL's post above I just HAVE to provide this link.

[url=http://www.legalworkplace.com/bizarre-excuse-or-religious-belief-cc.aspx]Bizarre Excuse, Or Real Religious Belief? ? legalworkplace.com[/url]

**A: Wow, scary**************..

[ecmst12]

Needing to go to church on sunday because of one's religious beliefs has nothing to do with observing a sabbath. OP never said that work on sunday was prohibited, only that attending church was required. His beliefs did not prevent him from working on sunday AFTER church, and that is just as valid a religious belief as any other.

[xylene]

Beth3's claim that since the OP worked on sunday (the day for which his faith required religious accommodation) he had voided his right to that religious accommodation is preposterous.

Even if it were not to avoid a directly threatened termination.

Did the posters properly request accommodation and exactly why he was fired are the key points.

A senior executive at a company damn well has a different relationship to HR then a low totem employee.

[cbg]

A senior executive may well have a different relationship with HR than someone lower on the totem, as you put it, but he damn well does not have rights over and above the lower level employees. Your posts, particularly your first one, make it sound as if he has a claim BECAUSE of his position in the company. On the facts he has posted, it doesn't sound as if he has a claim at all but if he does based on facts he has not posted, it is NOT because he is a senior executive.

[xylene]

A senior executive may well have a different relationship with HR than someone lower on the totem, as you put it, but he damn well does not have rights over and above the lower level employees. Your posts, particularly your first one, make it sound as if he has a claim BECAUSE of his position in the company. On the facts he has posted, it doesn't sound as if he has a claim at all but if he does based on facts he has not posted, it is NOT because he is a senior executive.

Quite the opposite. The lower level employee it is a simple matter did he or did he not request accommodation and move up the chain of command in accordance with the law.

The question of if the OP's conduct and actions amounted to a request for accommodation is clearly not simple given his station.

Who exactly is he going to 'kick it up to' when he has already been told by the highest levels of authority that it "didn't matter if I was at ... Church" and would be terminated.

Far be it from improving the OP's case, his job guarantees a struggle.

I do continue to take issue, offense even, with the notion that a worker who has acquiesced to possibly discriminatory "can't" subsequently claim validly and lawfully redress or accommodation.

[cstrange]

Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.

Being with this company, I can not tell you how many employees & customers this CEO has trounced on. If I have a case and one would assign me a high probability of winning, I would gladly donate 100% of net proceeds to several non-profits if you or another would represent for % of judgment. Sometimes it is not about the money, but about taking advantage of an opportunity to reap rewards from those who take it so freely from the 'little people'.