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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5048
Experience:  Extensive experience representing employees and management
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I have been working in California for a company for 14 years

Resolved Question:

I have been working in California for a company for 14 years with a schedule that accommodates a religious requirement that I was hired with.
A new manager has decided to take the religious accommodation away from me by scheduling me whenever she wants to.I have seniority in the department as well and she is giving a new hire better schedule than me.
This has come in the form of an attack which has included the first bad performance review that I have had in years.Is there anything that I can do ?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.


Yes, there is definitely more you can do. If your current manager is refusing to provide the religious accommodation that you were allowed since being hired, you can file a complaint against your employer with the Department of Fair Employment and Housing on the basis of religious discrimination in violation of the Fair Employment and Housing Act.

You can file a complaint using the information available online here:

http://www.dfeh.ca.gov/Complaints_ComplaintProcess.htm

The Department of Fair Employment and Housing will investigate your complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your case against your employer with a private attorney.

Additionally, you would also have a case for retaliation, for your employer retaliating against you by giving you bad performance reviews.

I hope the above information is helpful.

Please let me know if you have any clarifying questions as I want to ensure that you are completely satisfied with my service. Definitely contact me if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are satisfied with my service.

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Thanks and best of luck!
Customer: replied 1 year ago.

Does being a pharmacist as opposed to say a pharmacy technician make any difference as regarding the company's classification of both as Hourly-non exempt.I am asking this because scheduling and seniority are applied to this category.I am a pharmacist with seniority and if no exception is made I should get a preferential schedule if this necessary.

Expert:  Joseph replied 1 year ago.
Hello Ellis,

No, only the classification itself matters not the nature of the position. I agree that you should get a preferential schedule if you have seniority if that has been the standard practice, and you have been made to rely on that continuing.
Joseph, Lawyer
Satisfied Customers: 5048
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you

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