Civil/Commercial Litigation (Lawsuits)/Legal Advice

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Question
I was wondering if you could help me out here, with some legal advice at my place of work.

details;

At my place of work, a Pizza restaurant, the franchise owners, (NOT Corporate) has instated a new rule to where if you call in for what ever reason you get a write up, once you get 2 you are let go/ fired.

I called in sick last week, with a temperature of 102 and I sounded sick, I came back to a write up, I am worried because I am getting sick again, I never call in unless I am sick, and these two times, are the first time in about 4 years I have been sick. I just do not want to be a "walking health code violation."

Secondly when I request a day off for religious practices I am denied the day. The GM's excuse is "Well it's a request when you request a day off. Not a promised day off."

There is a protected employee who ALWAYS gets the day off there, even though I give more than 2 weeks notice.

Answer
Hello Rowan,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.

If the type of employment is at will, an employer can fire an employee at any time for no reason at all, as long as that reason is not itself unlawful.  An example of an unlawful reason for termination might be the employee's national origin, gender, disability status, etc.  For another example, an employer who fires an employee because of their religious affiliation may have serious liability problems.   

Usually, where an employer makes "reasonable accomodations" for an employee's religious observance or other protected class issues, that protects the employer from liability.

Sometimes a disparate behaviour by an employer from a standard policy may demonstrate some unlawful purpose or behavior.  While I do not know what you mean by a "protected employee who ALWAYS gets the day off", it is possible that your employer is breaking a law by giving that employee better treatment than others for some unlawful reason.  It is also possible that the "protected employee" get's more time off because of a legally innocent reason, like that person is a superior performer, and the boss likes to reward that by approving time off requests.

I suggest that you talk to your colleagues about their experience where you work and determine if their experiences and yours demonstrate a pattern.  Consider whether the employer could have some inappropriate relationship with the "protected employee" or if they both share some qualities that contribute to an appearance that the preferential treatment is part of some discriminatory scheme.  Take your information to an attorney licensed to practice law in your state who handles employment cases and see if you can get some particular legal advice about your employment.  Alternatively, if you're just fed up and don't like it there, try to find work someplace else where you feel you will be treated better.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz
Conciliation Court * Civil Litigation * Forfeitures * Construction * Family Law  

Civil/Commercial Litigation (Lawsuits)

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Morgan Smith

Expertise

Civil litigation (contract claims, landlord-tenant actions, forfeiture suits, residential construction defect matters), Family law (divorce, custody modifications, child support modifications, and pre-nuptial agreement), new business start-ups, civil forfeiture, asset forfeiture. Please do not submit your question as Private. It is my policy not to answer Private questions from members of the public here on AllExperts; I reserve that function to my private clients. Although AllExperts permits me to change your questions from Private to Public, it is my policy not to do that. I encourage you to resubmit your question as a public question. Your public question has the potential to help others with similar concerns. I suggest that you use a pretend name and otherwise alter sensitive facts that make you inclined to treat your question as Private, and submit your question to me Publicly.

Experience

I've been practicing law in the State of Minnesota since 1995. I've worked in skyscraper firms, and now my own small firm in Minneapolis. Past answers from my earlier participation on AllExperts is posted at: http://en.allexperts.com/q/Civil-Commercial-Litigation-911/indexExp_80217.htm

Publications
AllExperts, Yahoo Answers, http://smith-and-raver-llp.biz/News.html

Education/Credentials
J.D. William Mitchell College of Law, St Paul, MN

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