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After working for Brazeway for almost 20 years and being allowed…

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After working for Brazeway for...
After working for Brazeway for almost 20 years and being allowed to observe the Sabbath for over 15years, I was told I had to work on Saturday (the Sabbath). I refused. I was told that my alloted emergency hours would be taken. I need these hours because without them I have I can be fired if I am late or miss work. Our handbook does not address this issue. It simply state that we must work a reasonable amount of overtime. I worked 88.5 hours in six days, if I had worked 8 more hours, I would have worked 96.5 hours that week. They run short all week because people are taking vacations, do not wish to work, on sick leave this is why I work so many hours during the week.
Submitted: 8 years ago.Category: Employment Law
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Answered in 3 minutes by:
6/29/2010
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
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Religious accommodation is not guaranteed. What I mean by that is that employers are not required to absolutely observe your religious tenants. They are required to grant reasonable accommodation to the extent that they can, and when they can't, they don't have to.

If your employer has honored your request for 15 years, they are going to have a very strong argument that they have made reasonable accommodations in the past and should be able to ask you, infrequently, to work on the Sabbath.

Now, if something changed...like a new manager that refuses to accommodate or the employer suddenly says that you are going to work every Saturday while others are not required to share in the requirement THAT would allow you to raise an EEOC claim.
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Customer reply replied 8 years ago
I know you can only reply to what I stated. They also have a twenty four hour window of notification. They told me this at 11am on Friday, I have been working 16 hours a day and putting in more than the forty hours for a weeks work. I am also almost 60 years old this is a lot to ask and is not reasonable; working 56 extra hours a week. I should raise a red flag.
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 years ago
Regrettably, if they are paying you correctly (meaning either overtime or if you are salaried exempt) for the overtime, the law doesn't really place any limitations on the employer's right to ask.

In terms of lack of notice, there is no particular notice requirement under the law either. You can ask, as a reasonable accommodation to your religion, for as much notice as practicable.
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