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My husband found out today that his job which is temporary…

Customer Question
My husband found out...

My husband found out today that his job which is temporary employment might not be keeping him long because he leaves an hour early to prep for and keep the sabbath. What steps should he take

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California, and this is in riverside county. He is a temporary employee through a program called TAPP, for the department of social services

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Temporary and I believe at will, full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He signed a paper agreeing to 40 hours a week I believe.

Submitted: 4 months ago.Category: Employment Law
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Answered in 1 minute by:
12/14/2017
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,429
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm so sorry to hear about this situation. This to me sounds like you would have a case of employment discrimination based on his religion which is prohibited under state and federal law at 42 USC 2000e-2. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within 45 days. The Counselors must advise
individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out. Regardless, the fact that he is a temporary worker does not limit his protections.

What other questions did you have form me today?

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Customer reply replied 4 months ago
I understand, take all the time you need
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks! I think we responded at the same time. Did you get a chance to see my answer?

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Customer reply replied 4 months ago
Yeah, great. I have just read it. I apologize if you have already addressed this concern. I am wondering if he signed a paper agreeing to 40 hours a week from 8am to 5pm, will that at all negatively affect his outcome.
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

It could potentially. Did they know that he needed to leave to prep for the Sabbath before he got hired there?

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Customer reply replied 4 months ago
they did. He was working in a different branch before working in adult protective services but notified HR and the program he got hired under
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

I see what you mean. So, it's possible that the agreement may hurt him; however, if they terminate him on the grounds solely that he is leaving an hour early for religious observance, then he could make the claim he is being discriminated against. This is particularly true if it is just for one hour and if it doesn't cause a serious harm to the organization as a result. A court would probably require that they work around his schedule slightly to either have him work a different shift, a different location, or provide some reasonable accommodation to cover that short window of time. What else can I help you with today regarding this?

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Customer reply replied 4 months ago
I believe that is all, Thank you so much
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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