Force to work Sunday.

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Latest post 05-17-2010 2:50 AM by Rocktosh. 27 replies.
  • 05-13-2010 10:35 PM

    Force to work Sunday.

    Hello guys. I am newbie here. My employer want's me to work sunday, which is my day off. Before they hired me I told them I will not work sundays. And now he want's me to work sunday and if not, he will going to write me up or fire me. What right or protection should I get if he will fire me or write me up? I already work 6 days a week and shouldn't I deserve to have a day off? The company has no policy that the employee should work whenever they need them or during emergency. It's only the manager who wants you to work sunday because he can't work sunday or nobody will work that day. Do they have such a laws in this case? Thanks for the help guys. I want to fight for it but I don't know where to place my stand to hold on to it or any laws.

  • 05-13-2010 10:54 PM In reply to

    Re: Force to work Sunday.

    I did a quick google search and nothing popped up for Indiana about any "day off" law.

    So I suggest you put in a call to the Indiana Dept of Labor and ask if there is one. If there is, get a statute number so you can look it up and quote it to your boss.

    http://www.in.gov/dol/

    If there isn't any law against it, you boss can assign you to work on sunday and fire you if you don't.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-13-2010 11:04 PM In reply to

    Re: Force to work Sunday.

    Thank you for your reply but thats what I am trying to look for right now. I really want to fight for my right to choose not to work during my day off even if they will call me to work for emergency reason. Thanks alot. Hope somebody here had the same case as mine and know what action they do.

  • 05-13-2010 11:26 PM In reply to

    • Cica
      Consumer
    • Top 25 Contributor
    • Joined on 09-23-2003
    • Posts 6,520

    Re: Force to work Sunday.

    mindybless:
    My employer want's me to work sunday, which is my day off. Before they hired me I told them I will not work sundays.

    Why do you not want to work Sundays? 

     

  • 05-13-2010 11:35 PM In reply to

    Re: Force to work Sunday.

    mindybless:
    Thank you for your reply but thats what I am trying to look for right now

    Here's the Indiana labor statute. See if there's anything in there.

    http://www.in.gov/legislative/ic/code/title22/

     

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-13-2010 11:37 PM In reply to

    Re: Force to work Sunday.

    Sunday is important for me to go to church and family time.

  • 05-13-2010 11:47 PM In reply to

    • Cica
      Consumer
    • Top 25 Contributor
    • Joined on 09-23-2003
    • Posts 6,520

    Re: Force to work Sunday.

    "Family time" won't work.  The need for religious accommodation MIGHT work.  It depends upon whether or not your religion specifically requires Sunday attendance, or morning, etc., and if there is no way that you can adjust your schedule to attend later services (if available).

    The employer may attempt to provide you time to attend services so long as it does not create an undue hardship, but may require that you work after them.  Indiana, I believe, an employer may require you to work every day.

    Your option is to discuss your situation with an employment law attorney.  The fact is, however, that many employees attend church on Sundays.  If it does create an undue hardship upon the employer to accommodate you, you would have to search for another job.

    http://www.adl.org/religious_freedom/resource_kit/religion_workplace.asp

  • 05-14-2010 12:03 AM In reply to

    Re: Force to work Sunday.

    If you need time off because of a bona fide religious reason, your employer likely must accomodate your request under Title VII of the Civil Rights Act of 1964. See the EEOC web page on religious discrimination for more information.

  • 05-14-2010 12:14 AM In reply to

    Re: Force to work Sunday.

    "I really want to fight for my right to choose not to work during my day off even if they will call me to work for emergency reason."

    There is no such right in employment law.  There are a few occupations which are regulated as to how many hours an employee can work before having to have time off: airline pilots, over the road truckers, and doctors are a few.  Some states do mandate that employees have a day off after working a certain number of days/hours however yours isn't one of them.  

    The employer could be required to accommodate your religious needs however "family time" is not recognized in employment law and will not obligate the employer to accommodate you on that basis.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 05-14-2010 12:25 AM In reply to

    Re: Force to work Sunday.

    Before they hired me they already know that I can't work sunday because of religious reason. They also gave me 30 hours per week to work. That's what they told me since from the beginning that I will only work this such hours every week. I forgot to mention in my first post that the manager is new and he is not the one who hired me. I am only a part time too and had flexible hours. 

  • 05-14-2010 12:26 AM In reply to

    Re: Force to work Sunday.

    thank you very much. I appreciate it. I am reading to this link.

  • 05-14-2010 12:27 AM In reply to

    Re: Force to work Sunday.

    thank you again. I appreciate it.

  • 05-14-2010 9:50 AM In reply to

    • Cica
      Consumer
    • Top 25 Contributor
    • Joined on 09-23-2003
    • Posts 6,520

    Re: Force to work Sunday.

    My suggestion would be to discuss the fact that your initial boss hired you with the understanding that, because of religious reasons, you would be accommodated on a specific day.  It might be more to your advantage if you were also to provide an "alternative" in lieu of Sunday work schedules, such as more availability on other days, or, a varied schedule.  If he refuses to attempt to accommodate you, he will have to verify why now such accommodation would create an "undue hardship."  Likewise, if you aren't willing to make schedule adjustment so that you may have Sunday off because of religious reasons, I would think it would weaken your claim.

    He has to make an attempt to accommodate.  Keep in mind that "accommodation" is not a one-way street.  It involves efforts both by employee and employer.

    If he refuses to attempt, contact EEOC or consult local counsel.

  • 05-14-2010 11:09 AM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 49,508

    Re: Force to work Sunday.

    The employer migh tneed to accomode religious needs for a few hours on Sunday--but you better report the other time if so requested--otherwise you can get fired for cause--decent jobs are too hard to find--don't tempt fate with a negative attitude! 



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