Is it legal if an employee got fired because her manager is not happy with the time she chooses to go to church?
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Is it legal if an employee got fired because her manager is not happy with the time she chooses to go to church?
She has been treated unfairly and the manager gave her a hard time every time she has to go to her weekly church meeting, even though she leaves at her scheduled time. Also, she got hired as a cashier but they never let her do that job. They have her lift heavy stuff which resulted in 2 miscarriages. She has documented paperwork from the hospital. She also got burned at work which is also documented. She doesn’t speak English very well and that is another reason why she has gotten mistreated. There are other incidents that also happen like manager asking her to go borrow money for her at a check cashing store. The manager altered her timesheet when she works overtime. Is there a case for her?
Asked on May 9, 2017 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
She has several possible cases:
1) If she is being discriminated against due to her religious practices (church going), that may be illegal religious discrimination.
2) If they did not accommodate her during her pregnancies (heavy lifting resulting in two miscarriages), that could be sex-based discrimination (discrimination against her because she is a woman, since only women get pregnant).
3) If they harass or discriminate against her because she does not speak English, and the reason she does not speak English is that she is from a different country, that may be illegal national origin-based discrimination.
4) A manager may not alter timesheets: they must be reported accurately and the employee paid for all hours worked.
Since there are several possible claims, which involve two different agencies (the EEOC for discrimination claims; the department of labor for timesheet claims), she should speak with an employment law attorney about how best to go about protection her rights.
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